How Florida’s Comparative Negligence Law Affects Slip and Fall Cases

Introduction

Slip and fall accidents are among the most common personal injury claims in Florida. However, not all claims result in full compensation for victims, especially if the property owner argues that the injured person was partially responsible for the fall. Florida’s comparative negligence law allows courts to assign fault between both parties, which can reduce or eliminate the compensation a victim receives.

This guide explains how comparative negligence applies in slip and fall cases, how liability is determined, and what injured victims can do to protect their right to compensation.

What Is Comparative Negligence in Florida?

Comparative negligence is a legal rule that assigns fault between multiple parties involved in an accident. Florida follows a modified comparative negligence system, meaning that:

• If a victim is found to be partially responsible for their own injuries, their compensation is reduced by their percentage of fault.
• If the victim is more than 50 percent at fault, they cannot recover any damages.

This rule is often used by property owners and insurance companies to limit how much they must pay in slip and fall claims.

How Comparative Negligence Affects Slip and Fall Claims

Property owners and their insurance companies frequently argue that the injured person contributed to their own fall. Common defenses include:

• The victim was distracted by a phone or not paying attention.
• The hazard was open and obvious, meaning the victim should have seen and avoided it.
• The victim ignored warning signs or barriers placed near the dangerous condition.
• The victim was wearing inappropriate footwear for the conditions.

If a court determines that the injured person was partially responsible for the accident, their total compensation will be reduced accordingly.

For example:

• A shopper slips on a wet floor in a grocery store but was looking at their phone while walking.
• The court finds the store 70 percent at fault for failing to place warning signs but assigns 30 percent of the blame to the shopper for not paying attention.
• If the victim’s total damages are $50,000, they would receive $35,000 after the 30 percent reduction.

If the victim had been found more than 50 percent at fault, they would have received nothing.

How to Prove Liability in a Slip and Fall Case

To maximize compensation, injured victims must prove that the property owner was primarily responsible for the hazardous condition. Strong evidence can include:

• Surveillance footage showing the accident and the condition of the premises.
• Witness statements from people who saw the fall or the hazardous condition.
• Photos or videos of the dangerous area, such as wet floors, broken stairs, or uneven pavement.
• Incident reports filed with the property owner or manager.
• Maintenance records showing that the hazard was not addressed in a timely manner.

The stronger the evidence, the better the chances of countering claims that the victim was partially at fault.

Steps to Take After a Slip and Fall Accident

Taking the right steps after a slip and fall accident can help protect a victim’s legal rights and minimize comparative negligence arguments.

Report the Accident

• Inform the property owner or manager immediately.
• Request an incident report and obtain a copy if possible.

Seek Medical Attention

• Even if injuries seem minor, a medical evaluation can document any hidden conditions and provide a record of the injury.
• Delaying medical care can weaken a claim by allowing the insurance company to argue that the injury was not serious or was unrelated to the accident.

Preserve Evidence

• Take pictures of the accident scene, including any hazards that contributed to the fall.
• Get contact information from any witnesses who saw what happened.
• Keep records of medical treatment, lost wages, and other damages.

Avoid Giving Recorded Statements to Insurance Companies

• Insurance adjusters may try to use statements against the victim to shift blame.
• Consulting with an attorney before speaking with an insurer can help protect the claim.

How a Personal Injury Attorney Can Help

A slip and fall attorney can help victims navigate Florida’s comparative negligence system by:

• Gathering and presenting strong evidence to establish the property owner’s liability.
• Countering defense tactics that attempt to assign blame to the victim.
• Negotiating with insurance companies to secure maximum compensation.
• Filing a lawsuit if the insurance company refuses to offer a fair settlement.

At Bonderud Law, we have experience handling slip and fall cases and helping victims recover the compensation they deserve. If you have been injured in a slip and fall accident, contact us today for a free consultation.

Conclusion

Florida’s comparative negligence law can significantly impact slip and fall cases by reducing or eliminating compensation for victims who are found to be partially at fault. Property owners and insurance companies often use this defense to avoid paying full damages.

If you have been injured in a slip and fall accident, taking immediate action, gathering evidence, and consulting an attorney can help ensure you receive the compensation you deserve.