Today, another victim of a poorly maintained floor contacted my office to determine her legal rights. A dangerous condition was permitted to exist in an entranceway. She has been so severely injured that she has required two surgeries and still has a significant impairment. We commonly refer to claims of this nature as slip and fall cases. The more technical category is premises liability.
In Florida, every business owner has an obligation to exercise reasonable care in the maintenance of its premises so that its patrons are not injured. There is a second duty to warn of defects on the premises that may not be readily observed and avoided by patrons. When there is a dangerous condition on a floor, such as, a foreign object or substance, that causes the fall and injury it is likely that the claim will be permitted to be presented to a jury for determination. These are some of the general concepts impacting premises liability claims.
Variations from these concepts occur when particular facts of the fall or injury are reviewed. However, if a dangerous or defective condition has resulted in an injury there is likely to be a basis for compensation.