There is certainly no other area of the law that is so commonly misunderstood as the law controlling an owner's liability for injury to those falling on their property. We get calls constantly from those who have fallen in a store or in someone's home and who have suffer serious injury. Unfortunately, there is a widespread public misapprehension that someone's falling automatically creates liability for the owner. There is also an incorrect assumption that the existence of liability insurance by the owner creates responsibility to pay for anyone who has fallen.
Liability for injury to those falling is created, generally, in two types of situations. The first would be the case where the owner or his agent (one of his employees, for instance) actually creates an unreasonably dangerous condition. An example would be where they mop a floor, creating a slippery condition, and do nothing to block off the wet area or to warn people who may walk into it.
The second situation is one in which the owner did not create the dangerous condition, but allowed it to exist for such a period of time that it can be shown the owner reasonably should have known of its existence. At that point the owner has a responsibility to remove the condition, to guard against someone walking into it or to warn of its existence.
A classic example of this second situation would be where a customer spills a slippery substance in a store. If there is evidence it was on the floor for some time before someone fell in it, the owner may be held liable. These situations are often difficult to prove. Taking notice of footprints or cart marks through a spilled substance is evidence that has been there a while. Statements overheard by employees that they had told management earlier about the spill would also tend to prove how long it had been on the floor.
We welcome referrals on any fall and will gladly review liability for anyone who is injured in such a fall.
About the author: A partner with the firm for many years, Jim practices in personal injury law. He is a former United States Air Force Judge Advocate, former Assistant State Attorney and former Assistant United States Attorney. He is a member of the Florida and Clearwater Bar Associations (past president 1992-93) and the American Trial Lawyers Association. He has received the highest possible rating from his peers through Martindale Hubbell, national legal rating service.