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Do I need to prove who is at fault in a slip-and-fall lawsuit?

On Behalf of | Mar 21, 2020 | Firm News |

Florida’s laws follow a pure comparative negligence standard, and you may need to provide some proof that an injury was not your fault. If a slip-and-fall accident occurs at a store or other establishment, the court may require evidence of negligence that resulted in your harm.

A business owner owes a duty of reasonable care to ensure his or her employees keep an establishment clear of spills, debris and other hazards. If there is a known threat, employees must provide store visitors with a warning of the danger and the risk of suffering an injury.

Employees may place a yellow “caution” sign or orange cones around a potential accident spot. An example of an area requiring a warning would be a spot where spills may occur. When an individual sees a warning notice, he or she generally exercises caution and takes extra care around the area.

A Sunshine State establishment that does not provide its customers with a noticeable warning may face a legal action. In one such case, a convenience store’s liability totaled almost $2 million in damages after a 47-year-old woman sustained injuries from a slip-and-fall accident.

As reported by WTXL-27 News, the shopper slipped on a water puddle that collected around a bin holding beer and ice. The fall resulted in permanent injuries. She landed on her outstretched hand and her tailbone, causing serious damage to her neck, back, wrist and shoulder.

The injured shopper required several surgeries in addition to nearly three years of treatment and physical therapy. About one year before her accident, another customer reportedly fell near the same bin. The store’s management owed a duty of care to warn customers of the known hazard.