Slip-and-Fall Liability in Florida: an Introduction

In April 2009, a 14-year-old boy slipped and fell on a piece of chicken at a Tampa KFC. As a result, the boy suffered a torn ligament, a sprained ankle, and more than $5,000 in medical bills. Court documents indicate that KFC offered the teen $20,000 to settle the case.

Cases like this, however, may be harder for slip-and-fall victims to win in the future. Previously, a slip-and-fall victim had to prove only that a foreign object caused the injury. A 2010 Florida law, however, places the burden of proof on the individual who suffered the injury to show that the establishment knew, or should have known, about the material or condition that lead to the fall, and that it did not take appropriate action to address the problem.

Slip-and-Fall Defined

“Slip-and-fall” is a phrase used to describe an injury sustained by tripping, falling or slipping on another’s premises. Oftentimes, slip-and-fall cases are considered to be within the scope of premises liability claims — “premises” meaning someone else’s property and “liability” meaning the property owner may bear legal and financial responsibility for injuries sustained on the property.

Slip-and-Fall Liability

In general, for a commercial property owner to bear liability for a slip-and-fall injury, the owner:

• must have caused the out-of-place item, spill, or otherwise dangerous surface to be where people may step on it;
• must have known about the danger and taken no action; or
• should have known about the potential hazard because a “reasonable” person (e.g., an employee) overseeing the premises would have noticed the issue and taken steps to address it by removing the dangerous object, repairing the unsafe surface, etc.

If you have suffered injuries in a slip-and-fall accident, contact an experienced Florida personal injury attorney to discuss your options.

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