Trip and fall accidents that occur on steps that are not visible due to a lack of contrast or sudden elevation changes can lead to significant injuries. An owner of a business in Florida may be held liable for the injuries caused by unmarked steps or sudden drops in elevation. Business owners in Florida have a duty to maintain the property in a reasonably safe condition, warn of known hazards, and remove foreseeable risks of harm. If a business owner in Florida is negligent in its maintenance of the property, a person who has been injured on the property may be able to recover for past and future medical expenses, lost wages, and pain and suffering.
Case Study: Trip and Fall Personal Injury at a Florida Fast Food Restaurant
A 61-year-old woman was exiting the front door of a fast-food establishment with her food purchases and missed the single step that was located at the bottom of a ramp and fell down, causing significant injuries to both knees.
There were no signs, warnings, or handrails in place to warn business invitees of the drop in elevation or the step.
Damages Caused from The Incident
The woman was transported to the nearest emergency room where she was treated and discharged. She followed up with an orthopedic surgeon who further evaluated her injuries and performed arthroscopic surgery to both knees. The woman’s recovery from surgery included four months of grueling physical therapy. She will likely require full knee replacement surgery to both knees in the future.
Liability in Trip and Fall Accidents
An inspection of the area by the Plaintiff’s expert engineer revealed several problems and defects. The four-foot ramp at issue was constructed and maintained with a slope with a drop of 1:12 with a single step at the bottom.
According to the Plaintiff’s expert, the condition of the ramp and step failed to meet minimum safety standards in violation of the Florida Building Code and NFPA Life Safety Code, posing an extremely dangerous condition that was present at the time of the woman’s fall. Specifically, the violations included: 1) a door shall not open over a ramp or sloped surface with a change in elevation; 2) a step shall not be placed at the end of a ramp; and 3) the transition between the ramp and step was not readily apparent due to the consistency in tile.
Insurance Negotiations and Settlement
The insurance adjuster for the restaurant’s liability insurance carrier made no offers to settle with the Plaintiff prior to a lawsuit being filed. After two years in litigation, the case eventually went to mediation where it settled for a confidential six-figure sum.
What Should You Do If You Have Been Injured Due to a Hazardous Condition at a Business in Florida?
The actions you take immediately following the incident can seriously affect the outcome of your personal injury case.
- Accept medical treatment if you are injured.
- Take photographs of the location where the fall occurred and injuries if you are able.
- Report the incident to the business owner or manager.
- Do not give any statements, accept any offers for settlement, or sign any paperwork from any insurance companies without first consulting with an experienced personal injury attorney.
Consult with an Experienced Florida Personal Injury Lawyer
Heidi A. Hillyer, Esq. is a Florida attorney experienced in personal injury, trip and fall accidents, and other premises liability claims. At the Law Office of Heidi A. Hillyer, P.A. we offer free, no obligation consultations, and there is never a fee unless we win your case. Contact our office today by calling (407) 636-8300 or contact us online.