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.
