Understanding Florida’s Comparative Negligence in Slip and Fall Cases

When you slip and fall on someone else’s property, in a place or business or in a public space, you have the right to file a slip and fall claim if the accident happened because of a dangerous condition. Damaged flooring, uncleaned spills and loose stair steps are just a few valid reasons you might sue someone for a slip and fall.

However, the person you are suing might try to claim that you were partially at fault for the fall. Under Florida’s comparative negligence laws, you might receive part of the fault, which will affect how much compensation you can receive in an accident claim.

What Is Comparative Negligence?

Comparative negligence is a legal principle that allows a person filing a personal injury claim to recover compensation for their damages even if they are partially at fault. However, the recovery decreases based on the person’s degree of fault. For example, if the court determines that you share 10% of the blame for your accident, you can only recover 90% of your damages.

Florida enforces a modified version of the comparative negligence rule. In Florida, you cannot recover any damages whatsoever if you bear 50% of the fault or more. This makes it extremely important to prove that the other party bears the majority of the blame for your fall.

How Does Florida Law Divide Fault in Slip and Fall Cases?

When allocating fault in a slip and fall case, Florida courts will consider several factors:

• Was the property owner responsible for the unsafe condition?
• Did the property owner have enough time or opportunity to correct the unsafe condition?
• Did the property owner post a warning, such as a “wet floor” sign?
• Was the plaintiff distracted or negligent in paying sufficient attention to their surroundings?
• Was the plaintiff engaging in reckless behavior, such as “horseplay?”

If it seems as though both parties shared in the fault, courts might also consider the severity of the unsafe condition. If it were a severe hazard, such as a dark stairway, then the court will likely assign a majority of fault to the property owner. If it were a minor hazard, such as a very small spill, the property owner might argue that it is unreasonable for them to be held fully liable.

How Can You Prove the Other Party’s Fault?

The first step in proving the other party’s fault in a slip and fall case is to establish that they owed a duty of care toward you. For example, a grocery store or a hotel has a duty of care toward all customers or guests. They have an obligation to maintain safe premises for everyone. On the other hand, a private property owner does not necessarily owe a duty of care toward trespassers.

You must then prove that the property owner violated their duty of care toward you. This means providing evidence that there was an unsafe condition that they had ample time and opportunity to correct. Taking photographs of the unsafe condition can be very effective for supporting your claim. You can also use statements from other guests on the property who saw the unsafe condition themselves.

Can You Establish Your Lack of Fault?

Proving that you did not contribute to a slip and fall accident requires showing that you took reasonable precautions while on someone else’s property. You may need to prove that you paid adequate attention to your surroundings or that you used handrails while on the stairs. You might also require proof that the hazard was not an “open and obvious danger.”

The best way to do this is by working closely with a personal injury lawyer. Your lawyer will be fully aware of your rights and how to protect them. They can make sure that the insurance company does not take advantage of you. Your lawyer will also help you gather evidence to reduce your share of fault, such as witness statements, medical reports and expert testimony. 

Contact the Slip and Fall Lawyers at Kogan & DiSalvo

Filing a slip and fall claim can be an overwhelming process, and comparative negligence laws only make it more stressful. At Kogan & DiSalvo Personal Injury Law, we are here to advocate for you at every step while you focus on recovering from your injuries. Contact us today to learn more about how our slip and fall lawyers can help you get the compensation you deserve.