While Florida is known as the sunshine state, it does experience inclement weather on occasion. Although it does not frequently rain in Florida, business owners nonetheless must take measures to protect their customers from slip and fall accidents caused by rain puddles within their premises, and if they do not, they may be held accountable. Recently, a Florida court discussed what a plaintiff injured in a slip and fall accident at a Florida business must prove to recover damages. If you were hurt in a fall, it is in your best interest to talk to a Florida premises liability lawyer regarding your rights.
The Plaintiff’s Fall
It is alleged that the plaintiff visited a post office owned and operated on a rainy day in May 2018. She entered the lobby, slipped, and fell. She suffered knee injuries in the fall. She subsequently filed a lawsuit against the defendant, arguing its negligence caused her fall and injuries. The case proceeded to a bench trial, during which the court heard testimony from the plaintiff and from the defendant’s employees regarding their inspection and maintenance process and their placement of wet floor signage on the day of the fall.
Proving Liability for Slip and Fall Accidents in Florida
The court ultimately found that the plaintiff met her burden of proof with regard to her negligence claim and awarded judgment in her favor. The court explained that under Florida law, to prove negligence, a plaintiff must show a duty of care imposed on the defendant, a breach of the duty, a causal link between the breach and the plaintiff’s injury, and actual losses sustained by the plaintiff. Continue reading