Well “slip and fall” or “trip and fall” accidents are common in Florida. I wish it were easy, but unfortunately in Florida they are some of the more difficult cases to pursue. We live in a state that is not “favorable,” if you will, to an injured party in that kind of an incident or accident.
For example: Let’s assume that you were in a grocery store or a market somewhere and you were in their food department, purchasing food which you are wanting to pay [for] and help them make money, and you fall, and you break your arm. And while you’re on the ground you see that you ‘ve slipped on a grape. The grape is actually on your shoe.
Now you would think, that because of that fact pattern, that that store owes you, the medical bills and the pain & suffering. That’s not the law in Florida.
They *might,* but the burden, the duty, on you and the attorney, is to prove that the store had reasonable notice that that was the condition. They don’t have to have a sentinel stand in the produce department and every time a grape falls off, run over and pick it up. As long as they can show that they have exercised reasonable care. And that’s an interesting question of, “What is reasonable care?”
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Now you would think, that because of that fact pattern, that that store owes you, the medical bills and the pain & suffering. That’s not the law in Florida.
A lot of people believe, and I would say that I would also, that “I broke my arm, and you, and it was on a grape, and you should pay for me.” If we can show that they had notice, or that they should have known, or that there were tracks and people had been there long enough that they should have known that there was something dangerous, then we do OK. It just isn’t very easy.
We handle lots of these kinds of cases. Many of them resolve without litigation. But they’re not as easy and clear-cut as people would think in Florida.
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– Ranier Munns is an experienced personal injury attorney and managing shareholder of Bogin, Munns & Munns, a full service law firm with offices in Orlando, Clermont, Kissimmee, Orange City, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg. Mr. Munns works out of the Orlando office and welcomes questions and comments regarding the above. He can be reached at ranier@boginmunns.com.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.
