A person can slip or trip and fall anywhere; but when it occurs in a store,
the store may be responsible for the accident. Under Florida law, if you
sustain an injury in a slip and fall accident on someone else's property,
you may be able to recover compensation from the store or the property
owner under the legal theory of premises liability.
When You Slip and Fall in a Store
A customer in a retail store is categorized as an invitee. An invitee
is a person who enters the property for a business purpose. The store,
consequently, has a duty under the law to use reasonable care to prevent
accidents. This means that the store must routinely inspect areas accessible
to the public for dangerous conditions. When someone sustains an injury
because of a dangerous condition, the store may be held liable for the
following reasons: if the store was responsible for the dangerous condition,
if the store was aware of the dangerous condition and failed to correct
it, or if the store should have been aware of the dangerous condition.
Florida Law Allows Recovery Even When You Are Partly At Fault
Although property owners and possessors owe a duty to use reasonable care
to protect you from harm, Florida law also imposes a duty on customers.
Customers must also use reasonable care for their own safety. This, however,
does not mean that it will bar you from recovering damages if you were
partly to blame. Even if you bear some fault for the accident, you may
still be able to recover under Florida's comparative fault system.
This means that your damages are reduced according to your percentage
of fault. If, for example, you were 50 percent at fault for the accident,
you would receive $50,000 of a $100,000 award.
When to Call an Attorney
Every slip and fall case is different. If you sustained a slip and fall
injury in a Florida store, you may be entitled to compensation. If you
think that the accident was partly your fault, do not be discouraged.
You still may be able to recover compensation. Contact Craig Goldenfarb,
a West Palm Beach slip and fall attorney, to learn more about your rights.
Call (561) 600-5605 or 561-697-4440 to schedule a free consultation.