Can Our Client Sue for Injuries from a Slip and Fall in Florida?

Question from rosario, Can Our Client Sue for Injuries from a Slip and Fall in Florida?

Answer from AI:

Introduction

On March 15th, our client visited the local Budget grocery store. While pushing a shopping cart down one of the aisles, the client slipped on a small area where soda had previously spilled on the floor. As a result, the client suffered a fractured wrist and a broken arm. At the time of the incident, the client was using a cell phone to text. This memorandum will explore the premises liability laws in Florida and the potential for our client to seek compensation for their injuries.

Premises Liability in Florida

Under Florida law, businesses have a legal obligation to maintain their premises in a reasonably safe condition and to address any potential hazards that could cause harm to customers. This duty is outlined in Florida Statutes Section 768.0755, which specifically addresses premises liability for transitory foreign substances in a business establishment.

Key Elements of a Premises Liability Claim

To establish a successful premises liability claim in Florida, the following elements must generally be proven:

1. Duty of Care: The business owed a duty of care to the client as an invitee (a person who is invited to enter or remain on the premises for a commercial benefit).
2. Breach of Duty: The business breached this duty by failing to maintain the premises in a reasonably safe condition or by failing to warn of a dangerous condition.
3. Causation: The breach of duty directly caused the client’s injuries.
4. Damages: The client suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Specific Considerations for This Case

Notice of the Hazard

Florida Statutes Section 768.0755 requires that the plaintiff (our client) prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge can be established by showing that:

• The condition existed for such a length of time that the business should have known about it through the exercise of ordinary care.
• The condition occurred with regularity and was therefore foreseeable.

Client’s Use of a Cell Phone

The fact that the client was texting at the time of the incident may be raised by the defense to argue comparative negligence. Florida follows a comparative negligence standard, which means that if the client is found to be partially at fault for their injuries, their compensation may be reduced by their percentage of fault.

Steps to Take

To pursue a premises liability claim, the following steps are recommended:

1. Seek Medical Attention: Ensure that the client receives appropriate medical treatment for their injuries.
2. Document the Incident: Gather evidence, such as photographs of the spill, witness statements, and any incident reports filed with the store.
3. Consult with a Legal Professional: Given the complexities of premises liability law and the potential for comparative negligence, it is crucial to consult with an experienced personal injury attorney to evaluate the case and provide personalized legal advice.

Conclusion

While the client may have a valid premises liability claim against the Budget grocery store, the outcome will depend on various factors, including the store’s knowledge of the hazard and the client’s own actions at the time of the incident. It is essential to gather evidence and seek legal advice to determine the best course of action.

For more information on premises liability laws in Florida, you can refer to the [Florida Statutes Section 768.0755](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html).

**Note:** This memorandum is for informational purposes only and does not constitute legal advice. Individuals should consult with a legal professional for personalized advice tailored to their specific circumstances.