If you were injured on someone else’s property and are considering legal action, it becomes important to understand the distinctions between premises liability and slip and fall accidents. Whether you have slipped on a wet floor in a grocery store, fallen from a height on a construction site, or tripped over uneven pavement outside a business, an experienced Florida personal injury attorney can build a strong claim to seek compensation.

What is Premises Liability Under Florida Law?

Premises liability laws involve the legal responsibility of property owners to ensure the safety of individuals who enter their premises. This duty of care extends to guests, customers, tenants, business invitees, and even trespassers in some cases. Property owners are expected to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards that could cause harm.

Common examples of premises liability cases include:

  • Slip and fall accidents
  • Trip and fall accidents
  • Dog bites or animal attacks
  • Swimming pool accidents
  • Beach accidents
  • Public park accidents
  • Negligent security leading to assault or injury
  • Elevator or escalator accidents

According to the premises liability law, the injured party must prove that the property owner, manager or occupier breached their duty of care by either failing to keep the property safe or failing to warn of known hazards. Additionally, the injured party must demonstrate that their injuries were directly caused by the property owner’s negligence.

What Constitutes a Slip and Fall Injury Case in Florida?

Slip and fall cases are a specific type of premises liability claim that focuses on accidents resulting from hazardous conditions on a property’s surface. These hazards may include wet floors, uneven surfaces, debris or obstacles in walkways, inadequate lighting, or lack of handrails on stairs. Unlike premises liability cases, slip and fall injury cases specifically center on the dangerous condition of the property and the property owner’s knowledge or foreseeability of that condition.

To succeed in a residential or commercial property slip and fall case, the injured party must prove that:

  • The property manager or owner knew or should have known about the hazardous condition.
  • The property owner failed to take steps to address or warn of the hazard that any other reasonable person would have taken.
  • The hazardous condition on the person’s property directly caused the slip and fall accident and resulting injuries.

If you suffered harm on someone’s property, whether private or public property, because of avoidable dangerous conditions, you should talk to an aggressive property damage attorney to ensure the at fault parties are held liable.

Key Difference Between Premises Liability and Slip and Fall Claims

While both premises liability and slip and fall cases fall under the umbrella of personal injury law in Florida, the key difference lies in their focus and scope.

Hazardous Conditions

  • Slip and fall claims center on hazardous conditions on the property’s surface, such as spills, leaks, or slippery surfaces.
  • Premises liability claims may involve various hazardous conditions beyond surface issues, such as inadequate lighting, faulty handrails, or dangerous animals.

Legal Focus

  • In slip and fall claims, the legal focus is primarily on the dangerous condition of the property’s surface and the property owner’s knowledge or foreseeability of that condition.
  • Premises liability claims involve a broader legal focus on the property owner’s duty to maintain safe conditions on their premises and protect visitors from foreseeable harm.

Evidence Requirements

  • You require evidence demonstrating that the hazardous condition existed to prove negligence in slip and fall claims. You also have to prove that the property owner knew or should have known about it, and the condition directly caused the accident and resulting injuries.
  • Accident victims filing premises liability claims may require evidence of a broader range of hazardous conditions and the property owner’s failure to address or warn of those conditions.

Legal Standards

  • Slip and fall claims are evaluated based on the property owner’s duty to exercise reasonable care in maintaining safe conditions on their premises and warning visitors of known hazards.
  • Premises liability claims involve similar legal standards but may extend to a wider range of hazards and require additional evidence to establish negligence.

Importance of Proving You Did Not Cause the Accident

The burden of proof in slip and fall as well as premises liability claims in Florida lies on the injured victim. Therefore, it becomes important to prove that you did not cause the accident which resulted in your injuries. Florida follows a modified comparative negligence system, where the amount of compensation a plaintiff can recover is reduced by their percentage of fault for the accident. If you are found to be 50% or more responsible for the accident, your compensation may be eliminated altogether.

If the defendant claims that your actions contributed to the accident, such as by ignoring warning signs or engaging in reckless behavior, your Florida slip and fall attorney must be able to refute these claims to maintain the strength of your case.

For instance, if you slipped on another person’s property because a store employee failed to place a “wet floor” sign, you should technically be able to recover compensation. However, the other party may not be held responsible if the “wet floor” sign was placed and you failed to notice it. Under this legal concept, you may get a reasonable amount of partial recovery.

You can recover compensation for your injuries and damages by hiring an experienced premises liability lawyer who will demonstrate that you were not at fault for the accident. A top lawyer will have the necessary skills and resources to obtain vital evidence against the business owner or private property owner. 

Our Capable and Resourceful Personal Injury Lawyers are Ready to Fight for You

If you or someone you love was injured because of a property owner’s negligence, the experienced attorneys at Larry Moskowitz, PA can help you recover the largest possible damages. Attorney Larry Muskowitz is a former prosecutor and brings a unique perspective to every case. With over 150 trials to verdict and a track record of success, you can count on us to vigorously pursue your premises liability case or slip and fall claim for maximum damages.

From carefully analyzing the details of your case to skillfully negotiating with insurance companies and, if necessary, litigating in court, we leave no stone unturned in our fight to get you the rightful compensation. Call us at 866-312-0708 to schedule your free case evaluation.