Am I at Risk If Someone Slips and Falls?
Slip and fall accidents commonly result in premises liability claims. If you own property, this article will help you understand what your obligations are to your guests and how to minimize your liability risk should a slip and fall accident occur.
Legal Obligation
As a property owner, Florida law requires that you maintain safe conditions on your property. Property owners have a legal obligation to provide reasonable care for all invited guests, preventing guests from encountering hazards or being injured by damaged or neglected property. Slip and fall accidents most often occur due to wet or slippery floors.
This could be the result of improper snow or ice removal, accidental spills, or floor maintenance such as mopping. When a hazardous condition exists and cannot be resolved immediately, the property owner can minimize their liability risk by notifying guests of the risk and how to proceed safely. Any slip and fall hazard also requires signs to be placed clearly warning of the hazards.
Invited Guests
When a person enters your property with permission, whether explicit or implied, they are an invited guest and are owed a duty of reasonable care. Uninvited guests are trespassers and despite trespassing, they still are owed a duty of care, however not to the extent of invited guests.
Pure Comparative Fault
Florida recognizes the pure comparative fault. This principle states that more than one party can share liability when an accident occurs and that a person can claim compensation equal to the other party’s percentage of fault. This rule is important because the property owner may take every precaution and still have a guest suffer a slip and fall injury.
If the property owner notified the guests of the risk and signs were used properly, these actions reduce the property owner’s liability. If the injured party acted negligently or the accident could have been avoided, the property owner’s liability for the injuries may be reduced or eliminated.
Casas Law in West Palm Beach, Florida wants to be your premises liability lawyer. If you have questions regarding a premises liability claim or would like a free case consultation, contact them today, Casas Law will answer all of your premises liability questions.
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