South Florida Personal Injury Lawyers Blog
If you slip and fall on someone else’s property, you may think the property owner is automatically responsible for your injuries. But Florida law requires more than just proving that you got hurt. You also have to show that the owner knew—or should have known—about the dangerous condition that caused your fall. A recent decision by Florida’s Third District Court of Appeal shows just how important it is to include this kind of detail in your legal claim.
Why This Slip and Fall Case Was Dismissed
In the case that was recently decided, someone who fell tried to sue the property owner. However, the lawsuit didn’t explain how the owner knew about the dangerous condition or even whether the condition had been there long enough that they should have known about it. Because the complaint was missing these details, the court threw the case out before it could move forward.
This case is a reminder that if you’ve been injured in a fall, it’s not enough to say the floor was wet or the area was unsafe. You need to explain what made it dangerous and why the property owner should be held responsible. That could mean showing that the hazard had been there for a while, that it had happened before, or that the property owner failed to check or clean the area.
What Is Premises Liability?
Premises liability is the area of law that covers injuries caused by unsafe conditions on someone else’s property. This can include slip and falls, trip and falls, broken stairs, poor lighting, and more. To win a premises liability case in Florida, you generally have to show three things:
- There was a dangerous condition on the property.
- The property owner knew, or should have known, about the condition.
- The owner failed to fix it or warn people about it in a reasonable way.
This might sound simple, but the second point—about what the property owner knew—can be tricky. That’s where a lot of cases are won or lost.
Why Details Are So Important
In the court’s decision, the case was dismissed simply because the injured person didn’t provide enough information about the property owner’s knowledge of the hazard. Without that, the court said the claim couldn’t move forward. This shows how important it is to have a strong, detailed complaint right from the beginning.
If you or a loved one are hurt in a fall, it’s important to take action quickly. That means not only getting medical treatment, but also documenting what happened. Photos, witness names, and any details about the condition of the property at the time of the fall can make a big difference later on.
Don’t Wait to Speak with a Lawyer
Slip and fall accidents can lead to serious injuries, including broken bones, head trauma, and long-term pain. If the fall happened because of someone else’s negligence, you deserve to be compensated for your medical bills, lost wages, and suffering.
But as this recent case shows, your claim needs to be carefully prepared and clearly stated. A small mistake or missing detail can result in your case being dismissed before it ever gets in front of a jury.
That’s why it’s important to work with a lawyer who understands Florida premises liability law. At Friedman Rodman Frank & Estrada, P.A., we’ve been helping injury victims throughout South Florida since 1976. Our team knows what it takes to build a strong case and fight for the compensation you deserve.
Call Today for a Free Consultation
If you were hurt in a slip and fall on someone else’s property, don’t wait. Call Friedman Rodman Frank & Estrada, P.A. at 877-448-8585 for a free consultation. We’re here to help you understand your rights and get the legal support you need.