How To Prove A Florida Slip and Fall – Trespassers and Uninvited Licensees Claim
In Florida, a claim of Slip and Fall – Trespassers and Uninvited Licensees is defined as:
A Slip and Fall occurs when a property owner intentionally causes harm to trespassers or uninvited licensee’s or engages in willful or wanton misconduct. (This claim might 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 defendant owed a duty to the plaintiff to avoid willful injury, and if the trespasser’s or uninvited licensee’s presence is known, to give warning of any known dangerous condition not open to ordinary observation by the uninvited licensee or trespasser. The defendant must take care to avoid causing harm to the plaintiff and, if they know that someone is on their property without permission, they should warn them about any hidden dangers that the person might not easily see.
Facts that might support this element look like:
* The defendant owned the property where the incident occurred and had a responsibility to maintain a safe environment for all individuals present.
* The defendant was aware of a hazardous condition on the property that was not visible to an uninvited licensee.
* The defendant failed to provide any warning signs or barriers to alert individuals of the dangerous condition.
* The defendant had previously encountered similar incidents involving the same hazardous condition, indicating knowledge of the risk.
* The defendant’s actions or inactions directly contributed to the unsafe environment that led to the plaintiff’s injury. - Element 2. The business establishment breached its duty. The business failed to keep its property safe, allowing hazards like spills or obstacles to exist, which led to someone getting hurt when they unexpectedly entered the premises, showing that the business didn’t take proper care to protect even those who weren’t invited.
Facts that might support this element look like:
* The business establishment failed to maintain clear walkways, resulting in a slippery surface that was not marked or addressed.
* Employees were aware of the hazardous condition but did not take any action to remedy it or warn customers.
* The lighting in the area where the incident occurred was inadequate, making it difficult for individuals to see potential hazards.
* The establishment had received prior complaints about the same hazardous condition but did not take corrective measures.
* Safety mats that could have prevented slips were not placed in high-traffic areas, demonstrating negligence in maintaining a safe environment. - Element 3. There exists a causal connection between defendant’s breach and the 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 that if the property had been properly maintained, the accident likely wouldn’t have happened.
Facts that might support this element look like:
* The defendant failed to maintain the premises, resulting in a wet floor that was not marked with warning signs.
* The plaintiff slipped on the unmarked wet floor, which directly caused them to fall and sustain injuries.
* Witnesses observed the plaintiff slipping immediately after stepping onto the wet area, indicating a direct link between the breach and the injury.
* The defendant had prior knowledge of the hazardous condition but took no action to remedy it before the incident occurred.
* Medical records confirm that the injuries sustained by the plaintiff were consistent with a fall caused by slipping on a wet surface. - Element 4. The plaintiff suffered loss or damage. The plaintiff must show that they experienced some kind of injury or financial loss as a result of slipping and falling on someone else’s property, which is essential for proving their case against the property owner.
Facts that might support this element look like:
* The plaintiff slipped on a wet floor in the defendant’s store, resulting in a fractured wrist that required medical treatment.
* The plaintiff incurred significant medical expenses due to injuries sustained from the fall, including hospital bills and rehabilitation costs.
* The plaintiff missed two weeks of work due to the injuries, resulting in lost wages and diminished earning capacity.
* The plaintiff experienced ongoing pain and suffering as a result of the fall, impacting daily activities and quality of life.
* The plaintiff had to hire assistance for household tasks during recovery, leading to additional unexpected expenses.
(See Cochran v. Abercrombie, 1960. Hix v. Billen, 284 So. 2d 209 – Fla: Supreme Court 1973. Ruiz v. Wendy’s Trucking, LLC, 357 So. 3d 292 – Fla: Dist. Court of Appeals, 2nd Dist. 2023.)
If you’re in court without a lawyer and plan to assert a Claim of Slip and Fall – Trespassers and Uninvited Licensees, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.
Prove Your FL Slip and Fall – Trespassers and Uninvited Licensees Claim
U.S. Civil Cases Only