What are my legal options if a customer slips and falls in my Florida business establishment?
If a customer slips and falls in your Florida business establishment, your legal options include:
- Duty of Care: As a business owner or operator, you have a duty to exercise reasonable care in maintaining the condition of your property to avoid foreseeable harm to others, including customers. You must ensure that your premises are reasonably safe for your customers. If you fail to fulfill this duty, you can be held liable for any injuries that your customers sustain on your property.
- Negligence: If your negligence caused the slip and fall, you may be liable for damages sustained by the injured customer. Negligence occurs when you fail to act reasonably and prudently in the circumstances. For example, if you knew about a slippery floor condition but did not take reasonable steps to address it, you may be deemed negligent.
- Comparative Fault: In Florida, the injured customer's own negligence can also affect their ability to recover damages. Florida follows a pure comparative fault rule, which means that the customer's damages will be reduced by their own percentage of fault in the slip and fall. So, if the customer was 50% at fault for the accident, they can only recover 50% of their damages.
- Insurance coverage: Florida law does not require businesses to carry commercial liability insurance, but it is highly recommended. Liability insurance can provide coverage for injuries sustained by customers on your property. If you have commercial liability insurance, you should contact your insurance company to report any claims or incidents involving slip and falls.
- Statute of Limitations: In Florida, the injured customer has four years from the date of the slip and fall to file a lawsuit against you. So, if a slip and fall occurs on your business property, you should keep records of the incident and any medical bills or lost wages incurred by the injured customer on hand in case of a lawsuit.
In conclusion, if a customer slips and falls on your Florida business establishment, you may face potential legal liability. To protect yourself, you should take reasonable steps to ensure the safety of your customers, carry liability insurance, and be aware of your legal obligations and rights in case of a slip and fall incident. If you have any questions or concerns, it is recommended that you consult with a licensed attorney.