Slip / Trip and Falls

Under Florida law, an owner or occupier of a premises owes two basic duties to invitees;

  1. the duty to use ordinary or reasonable care in keeping the premises in a reasonably safe condition;
  2. the duty to warn of latent or concealed perils that are known or should be known to the owner or occupant, of which the invitee is unaware and which the invitee cannot discover through the exercise of reasonable care

The following facts and circumstances, among others, tend to establish that the operator of a store or similar commercial enterprise is liable to a person who slipped and fell on the floor of the premises while maintenance (cleaning or waxing) was being done or so soon thereafter that the floor had not yet dried.

Existence of duty owed by defendant to plaintiff

  • Plaintiff’s status as business invitee
  • Duty of reasonable care under circumstances, regardless of plaintiff’s status

 Plaintiff’s slip and fall on floor of premises

  • Existence of unreasonably slippery condition
  • Appearance and feel of floor
  • Presence of skid mark where fall occurred
  • Presence of water, soap, or the like on plaintiff’s body or clothing after fall
  • Precautionary measures taken by defendant after fall

 Details as to maintenance done

  • Nature and scope of work
  • Timing of work
  • Materials used

 Defendant’s responsibility for maintenance activity

 Defendant’s improper act(s) or omission(s)

  • Timing of work
  • Failure to rope off area or post warnings
  • Failure to warn plaintiff orally

Slippery condition as cause of slip and fall

 Absence of contributory negligence or assumption of risk

  • Plaintiff’s exercise of reasonable care under circumstances
  • Non-obviousness of hazard
  • Plaintiff’s unawareness of hazard
  • Absence of alternate route available to plaintiff

Over the years that our firm has specialized in representing injured Plaintiffs, we have had the opportunity to work with some of the best doctors and surgeons in the State of Florida. We always ensure that our clients receive superb medical treatment from these highly knowledgeable medical providers.

In addition to consulting with expert medical providers on our client’s behalf, we also consult with various experts throughout all stages of representation.

In a dispute, it is not enough to simply establish liability. The successful outcome of a client’s case also depends on proving the full extent of damages. In order to maximize all of our client’s damages we utilize the top experts in a given field to quantify all applicable losses sustained.

Additional experts our firm utilizes, includes but is not limited to;

  • Accident Reconstructionists
  • Economists (establishes future monetary losses)
  • Life Care Planning Consultants
  • Financial Advisors
  • Structure Settlement Advisors
  • State of the Art Experts
  • Vocational Rehabilitationists (establishes impact on earning capacity)

When an individual is injured due to another’s negligent or otherwise improper conduct, that person may be entitled to receive compensation for medical expenses, loss of physical capacity, pain, suffering, mental anguish, lost wages, loss of future earning capacity, among others.