What Kind of Tort is a Slip and Fall? | Searcy Denney Scarola Barnhart & Shipley

What Kind of Tort is a Slip and Fall? | Searcy Denney Scarola Barnhart & Shipley

A slip and fall injury, also known as a “slip or trip and fall injury,” is a specific type of personal injury caused by one person slipping (or tripping) and falling onto another person’s property, and consequently one Suffer injury. This special type of personal injury claim is known as a “premise liability claim”.

Slip and fall injuries in Florida

Liability for slip, trip, and fall injuries may arise from a defendant’s ownership of the premises in which the injury occurred, his or her control over the premises, or both. For example, a grocery store owner or manager may be held liable for a slip and fall injury that occurs in the store or on the premises even though the store is only renting the space since the store owner or manager has exclusive control of the inside of the store Rental property.

The owner of the property or the landlord is solely or jointly liable for injuries that occur outside the exclusive business premises of the business, e.g. B. Injuries from falling on the sidewalk or in a shopping mall parking lot.

Establishing a slip and fall claim

In order to successfully establish a liability claim for Slip and Fall premises in Florida, you must demonstrate the following elements:

  • That the owner or manager owed you a duty of care
  • That the owner or administrator has violated this duty of care owed to you
  • That you were injured as a plaintiff
  • That the defendant’s harm caused your injuries

The element of “duty of care” changes depending on the reason you are on the property:

  • Invitees. Invitees are people who enter someone else’s property for a legitimate business purpose. For example business customers.
  • Licensee. Licensees are individuals who enter someone else’s property with permission for a social cause. For example house guests or social guests.
  • Intruders. Intruders are those who enter someone else’s property without permission.

Defense against slip and fall claims

Property owners / managers have two main defenses to slipping and falling claims:

  • Lack of negligence. The defendant can assert that he did not negligently create the dangerous situation or negligently corrected the situation prior to the occurrence of the injury. For example, a grocery store owner may claim that a milk spill on which one customer slipped occurred only moments ago from another customer and that a typical shopkeeper who acts with reasonable care would not have had time to discover the danger and Take measures to eliminate the hazard Caution.
  • Missing bug. The defendant can argue that the injured person was responsible for their injury. For example, any reasonable customer, exercising due care for their safety, would see a milk spill on the floor and simply avoid the spillage.

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