A slip and fall accident can leave you with painful injuries, mounting medical bills, and uncertainty about your next steps. If you suffered a fall due to hazardous conditions on someone else’s property, a Winter Park, FL slip and fall lawyer with Matthew R. Boren, Attorney at Law can help you seek compensation. Contact our firm today to discuss your case and learn how we can fight for the financial recovery you deserve.
Premises Liability Claims in Florida
Property owners have a legal duty to maintain safe conditions for visitors. Under Florida Statutes § 768.0755, property owners can be held liable if a person suffers injuries due to dangerous conditions on their premises. This law applies to businesses, private property owners, and landlords who must take reasonable steps to prevent hazards.
If a property owner fails to address known hazards or does not take reasonable precautions to ensure safety, they may be responsible for injuries that occur as a result. Slip and fall victims must prove that the owner was aware of the danger and did not take appropriate action. This legal obligation ensures that visitors and customers are not placed at unnecessary risk when entering a property.
Common Causes of Slip and Fall Accidents in Winter Park
Slip and fall accidents can happen anywhere, but they often result from unsafe conditions that could have been prevented. Property owners who fail to maintain safe environments put visitors at risk for serious injuries, including fractures, head trauma, and spinal damage. Some of the most common hazards that lead to slip and fall accidents include wet surfaces, uneven flooring, and poor lighting.
How Negligent Maintenance Leads to Hazardous Conditions
When property owners neglect routine or necessary maintenance, they create unsafe conditions that put visitors at risk. Cracked sidewalks, loose carpeting, and broken handrails can cause unsuspecting individuals to lose their balance and suffer serious injuries. Failing to address these hazards in a timely manner can result in liability claims against the property owner.
Wet and Slippery Surfaces
Slippery surfaces are one of the most common causes of slip and fall accidents. Spilled liquids, freshly mopped floors, and leaking pipes create dangerous walking conditions. If property owners fail to place warning signs or clean up spills promptly, they can be held liable for resulting injuries.
Uneven Walkways and Broken Flooring
Uneven sidewalks, potholes, and broken flooring pose significant risks for pedestrians. When tiles are loose, carpets are torn, or parking lots have dangerous cracks, visitors may trip and suffer injuries. Businesses and property owners must regularly inspect and repair these hazards to prevent slip and fall accidents.
Poor Lighting in Stairwells and Parking Lots
Dimly lit areas, such as stairwells, hallways, and parking lots, make it difficult for visitors to see potential dangers. Missing steps, objects in walkways, and sudden elevation changes become even more hazardous in low lighting. Property owners must ensure that lighting is adequate to reduce the risk of falls and injuries.
What You Must Prove in a Slip and Fall Claim
To recover compensation in a slip and fall claim, you must establish that the property owner failed to uphold their duty to provide a safe environment. This requires showing that the owner knew or should have known about the hazard and did not take reasonable steps to fix it. The elements of negligence include:
- Duty of care – Property owners must maintain reasonably safe conditions for visitors. They must address known hazards and regularly inspect their property for potential dangers.
- Breach of duty – Owners can be held liable if they neglect hazards like spills, broken steps, or loose flooring. Ignoring reports of dangerous conditions can strengthen a claim against them.
- Causation – Evidence must show the hazard directly caused the injury. Surveillance footage, accident reports, and medical records help prove the connection.
- Damages – The injury must have resulted in financial, physical, or emotional harm. Medical treatment costs, loss of income, and pain and suffering damages can be pursued in a claim.
The Open and Obvious Doctrine in Florida Slip and Fall Cases
The open and obvious doctrine is a legal defense used by property owners to argue that they should not be held liable for injuries caused by hazards that were clearly visible and could have been avoided. Under this doctrine, if a hazard is obvious to a reasonable person, the injured party may be responsible for failing to take necessary precautions. This defense is often used in slip and fall cases involving conditions like spilled liquids, uneven pavement, or large obstacles in walkways.
While this doctrine can make it more difficult to pursue compensation, it does not automatically exempt a property owner from liability. The court may consider factors such as the nature of the hazard, whether it was an unreasonable risk, and whether the property owner took adequate steps to warn visitors of the potential danger.
Exceptions to the Open and Obvious Defense
Even when a hazard is visible, property owners can still be held liable if they failed to take reasonable steps to protect visitors. One common exception is when the danger was foreseeable and posed an unreasonable risk of harm despite being open and obvious. For example, a wet floor in a grocery store might be visible, but if the store did not provide proper warning signs or clean the spill in a timely manner, the owner could still be found negligent.
Another exception applies when a visitor is distracted or otherwise unable to avoid the hazard due to circumstances beyond their control. If a business creates a distraction—such as a poorly placed sign or an obstruction that forces customers toward a hazard—the property owner may still be liable. Courts may also consider whether the injured party had a reasonable alternative route to avoid the danger or if they had no choice but to encounter the hazardous condition.
Speak With a Winter Park, FL Slip and Fall Lawyer Today
A slip and fall accident can leave you with painful injuries, medical bills, and a long road to recovery. If a property owner’s negligence caused your fall, you have the right to pursue compensation for your losses. A Winter Park, FL slip and fall lawyer with Matthew R. Boren, Attorney at Law, is ready to help you take the next steps. Contact us today to discuss your case and learn how we can fight for the financial recovery you deserve.