How To Prove A Florida Slip and Fall – Invitees Claim

 

 

In Florida, a claim of Slip and Fall – Invitees is defined as:

A Slip and Fall occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (May also be referred to as Premises Liability.)

It simply means:

An injury claim arising from an injury on someone’s property.

There are 4 elements of the claim:

• Element 1. The plaintiff was an invitee of defendant, and therefore defendant owed a duty of care to plaintiff to take ordinary and reasonable care to keep its premises reasonably safe for the plaintiff. The plaintiff was a guest on the defendant’s property, so the defendant had a responsibility to ensure the area was safe and free from hazards to protect the plaintiff from accidents, like slipping and falling.
  

  Facts that might support this element look like:

  * The plaintiff entered the defendant’s property for the purpose of purchasing goods, establishing their status as an invitee.
  * The defendant regularly invites the public onto their premises for business purposes, creating a duty to maintain safe conditions.
  * The area where the plaintiff fell was known to the defendant to be hazardous, yet no warning signs were posted.
  * The defendant had a routine maintenance schedule that was not followed, leading to unsafe conditions on the premises.
  * The plaintiff was using the premises in a manner consistent with the defendant’s intended use, further solidifying their invitee status.

• Element 2. The business establishment breached its duty by having actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. The business knew or should have known about a dangerous situation on its property and failed to fix it, which means it didn’t fulfill its responsibility to keep customers safe, leading to a slip and fall accident.
  

  Facts that might support this element look like:

  * The business establishment received multiple complaints from customers about the slippery floor in the entrance area prior to the incident.
  * Surveillance footage shows that employees walked past the hazardous spill several times without taking any action to clean it up.
  * The establishment had a history of similar slip and fall incidents in the same location, indicating a pattern of negligence.
  * Maintenance logs reveal that the area was not inspected for safety hazards on the day of the incident, despite regular protocols.
  * The business had posted warning signs about wet floors in other areas, demonstrating awareness of the potential danger.

• Element 3. There exists a causal connection between defendant’s breach and plaintiff’s injury. In a slip and fall case, it must be shown that the defendant’s failure to keep the property safe directly caused the injury the plaintiff suffered, meaning the unsafe condition led to the accident that harmed the person.
  

  Facts that might support this element look like:

  * The defendant failed to clean up a spilled liquid on the floor, which created a hazardous condition for invitees.
  * The plaintiff slipped on the unaddressed spill, resulting in a fall that caused significant injuries.
  * Witnesses observed the spill for over an hour before the plaintiff’s fall, indicating the defendant’s negligence in addressing the hazard.
  * The defendant had a duty to maintain safe conditions for invitees, which was breached by not promptly cleaning the spill.
  * Medical records confirm that the injuries sustained by the plaintiff directly resulted from the fall caused by the defendant’s negligence.

• Element 4. The plaintiff suffered loss or damage. In a slip and fall case, the plaintiff must show that they experienced some kind of loss or damage, like medical bills or lost wages, due to the accident that happened on someone else’s property.
  

  Facts that might support this element look like:

  * The plaintiff slipped on a wet floor in the store, resulting in a fractured wrist that required medical treatment.
  * The plaintiff incurred medical expenses totaling over $5,000 due to the injuries sustained from the fall.
  * The plaintiff missed three weeks of work, leading to a loss of income amounting to $2,000.
  * The plaintiff experienced ongoing pain and suffering, impacting their daily activities and quality of life.
  * The plaintiff had to hire a caregiver for assistance during recovery, incurring additional costs.

^{(See Encarnacion v. Lifemark, 211 So. 3d 275 – Fla: Dist. Court of Appeals, 3rd Dist. 2017. Delgado v. Laudromax, Inc., 65 So. 3d 1087, 1089 (Fla. Dist. Ct. App. 2011). Fla. Stat. 768.0755. Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 – Fla: Supreme Court 2001.)}
If you’re representing yourself in court and plan to assert a claim of Slip and Fall – Invitees, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate your case effectively.

Prove Your FL Slip and Fall – Invitees Claim

U.S. Civil Cases Only