In the State of Florida, slip and fall/premise liability cases are typically some of the most difficult cases to present. The State of Florida determines whether you have a case based on your “status” as an individual on a certain piece of real estate property.
The first class is considered a trespasser. A trespasser on your property is owed very little duty to make sure that there is nothing wrong on the property. The only exception is that you cannot put some type of “spring-gun” which would discharge a firearm if someone trespassed on a property. Trespassers typically do not make recoveries if they are injured on someone property because they were not legally there.
The second class of people is the social invitee. This is when someone is invited to come to someone’s home for a party. For instance, if you are asked to come to a Super Bowl party, then you are considered a social invitee. The homeowner has a duty to make reasonable inspections of the property. This means that an individual must make sure that there is not any rotted decks or roots growing up between sidewalks on their property. If someone falls as a result of something that has occurred over time, then you do have a personal injury claim against the homeowners policy of the dwelling that you are visiting.
The third type of case is a business invitee. This is an instance when you are invited to come into Walmart and make a purchase. You are there for them to make money off of you on their premises; therefore, they have the highest duty to inspect their premises on a regular basis (typically every twenty minutes) to make sure that there is not a puddle of water of some ice cream that has melted on the floor. These cases depend on how the accident happened and an individual should take a photograph on their phone when this accident occurs.
If you have been injured on someone’s property, please contact me at 407-315-2182 or contact me through my website.