Business Owner Liability for Slip-and-Fall Accidents
An Orlando man says that a local Dollar Tree store failed to maintain its premises in a reasonably safe condition, causing him to slip and fall on a liquid substance. He recently filed a lawsuit alleging that the retail store’s negligence caused him bodily injury, pain and suffering, and loss of earning capacity, among other injuries. He says that Dollar Tree failed to inspect its floor and to warn customers of the unsafe condition.
Duty of Care Owed by Business Owners
Business owners have certain responsibilities under Florida law. Owners can be held liable for injuries that customers suffer on their property, including medical expenses, lost wages, pain and suffering and other damages. What level of care the owner owes to an injured person depends on how the victim is legally classified. There are three different legal classifications: trespasser, licensee and invitee.
Trespassers aren’t allowed to be on the property, at least at the moment when they were injured. For example, if you break into a store when it is closed, you are clearly not allowed to be there. While trespassers receive little protection under Florida law, there are some exceptions. Consult with an experienced attorney to determine if you have a valid claim.
Licensees enter property with the owner’s permission, either express or implied. Owners have a duty not to intentionally harm licensees and must fix known dangers or at least provide sufficient warning. This classification can be confusing, so consult with an experienced attorney to determine if you qualify as a licensee.
Invitees are invited onto the property. The person might be a public invitee or a business invitee. Owners owe the highest duty of care to people they invite onto their property for business or personal reasons. Owners must protect invitees against known and reasonably ascertainable dangers. In the Dollar Tree case, the injured customer alleges that he was a business invitee and that the retail store should have protected him from the slippery floor.
Other Slip-and-Fall Incidents
In March 2017, a Michigan woman filed a lawsuit against Norwegian Cruise Line in Miami, alleging that she slipped and fell on the deck because the cruise ship failed to warn her about a slippery substance.
Another woman sued Carnival Corporation in March, alleging that she slipped and fell on a wet and slippery dance floor in the ship’s casino. She says the ship failed to maintain a dry and clean floor and failed to warn cruisegoers about the dangerous condition.
In April 2017, a customer at a BJ’s Restaurant in Orlando filed a lawsuit alleging that he slipped and fell on a slippery substance while walking to the restroom. He wants to hold the restaurant responsible for failing to maintain the floor and for failing to warn him about the danger.
Contact Us Today
Contact a Miami personal injury attorney at The Pendas Law Firm today for a free consultation if you slip and fall at a retail store or sustain any type of injury at a business establishment. We will determine whether you have a viable cause of action and help you recover compensation for your medical expenses, loss of earning capacity, pain and suffering and other injuries.
The Pendas Law Firm also represents clients in the West Palm Beach, Jacksonville, Tampa, Fort Myers, Fort Lauderdale, Orlando, Daytona Beach and Bradenton areas.