Articles Posted in Falls, Slips and Trips

On April 30, 2014, the First District Court of Appeal reversed a trial court’s ruling regarding the application of Florida Statute § 768.0755. This recently enacted statute essentially codifies Florida common law and requires that, in order to prevail on a personal injury slip and fall claim resulting from a “transitory substance” on the ground, the injured person must prove the defendant knew or should have known the substance was on the floor and should have cleaned it up before the fall occurred.

In almost all slip and fall injury cases that involve a slippery substance on the floor, there is no proof that the defendant was actually aware of the presence of the substance. This leaves the claimant with having to prove the defendant had “constructive notice,” meaning the substance was present on the floor for a sufficient length of time that, had the defendant been properly inspecting the floors, it would have noticed it.

Typically, the “defendant” in a case like this is the owner or operator of a business open to the public. Supermarkets, restaurants, shopping malls, common areas of apartment complexes and retail stores are common locations where such falls occur.

In the case ruled upon by the First District Court of Appeal, the injured person fell on a drink that was spilled on the dance floor at a country club. As the injured person did not have a drink, the inference is that another patron spilled the drink on the dance floor. However, the claimant had no way to know or prove the length of time that the drink remained on the floor.

The trial court granted summary judgment in the country club’s favor, ending the plaintiff’s effort to seek compensation.

On appeal, the plaintiff argued that the club had knowledge of the dangerous condition long before the fall because the country club allowed people to carry drinks on to the dance floor, which would inevitably lead to spills. The plaintiff argued, that, although this particular spilled drink may have only been on the floor seconds before the fall, the country club could have prevented the fall by simply not allowing people to carry drinks onto the dance floor.

The appellate court agreed and reversed the trial court’s ruling, which will allow the plaintiff to proceed with having a jury decide if the country club’s practice of allowing drinks on the dance floor amounts to “negligence.”

The “mode of operation” theory provides someone injured in a slip and fall the ability to bring a case in a situation where there is no evidence of how long a substance was on a floor prior to the fall, provided the plaintiff can prove that the defendant’s method of operation is going to result in a slippery substance being on the floor.

For example, if a supermarket sells bagged ice, is should keep a mat in front of the ice cooler, because small pieces of ice often fall from ice bags when they are being removed from the cooler. If the ice lands on the supermarket floor, it will quickly melt causing anyone walking through the area to be exposed to a slip hazard. However, an unfortunate person injured in such a fall has no way to prove how long the ice or water was on the floor. Instead, that person can prove that the defendant was negligent in failing to place mats in front of ice coolers to catch any ice that falls from the bags and absorb the water when the ice melts.

The First District Court of Appeal handles the appeals from the circuit courts in north Florida from Jacksonville out through the panhandle including our area counties of Duval, Clay, Nassau, Union, Bradford and Baker.
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We’ve all been guilty of laughing when someone in a movie or sitcom slips on a banana peel, but in real life, falls are no laughing matter. In fact, slips and falls in Jacksonville and nationwide are one of the most common occupational safety hazards, accounting for 15 percent of all accidental deaths, according to the Occupational Safety and Health Administration (OSHA). Only motor vehicle collisions cause more accidental deaths.

In 2011, there were 822 occupational deaths caused by falls, OSHA reports, with the average cost being $22,800 per accident. Annually, the cost of slip and fall injuries exceeds $11 billion, according to the Liberty Mutual Workplace Safety Index.

Residents in Jacksonville, Florida, are not exempt. We hear reports of those who have slipped in grocery stores, convenience stores, places of business, hotels, restaurants and parking lots, just to name a few. Sadly, most of these injuries can be prevented by following proper safety precautions, such as having handrails on staircases, making sure floors are not slippery or wet and clearing debris from common walkways. Many times, places of businesses neglect to post a sign when floors have been recently mopped.

The average worker’s compensation claim for an on the job slip or fall is $19,000. It is a property owner’s responsibility to make sure the premises are safe. If you happen to slip or fall in a public place, it is a good idea to seek medical treatment as soon as possible and keep any evidence of the hazardous condition, such as photos, security videos and first-hand accounts from witnesses.

Written by Elizabeth Allen Continue reading

Often, personal injury claims resulting from slip and falls get a lot of scrutiny by the public. Many of us have seen video footage depicting an unscrupulous person faking a fall in a retail establishment to try to manufacture a personal injury claim. Thankfully, there is video surveillance to help remove these bad apples.

However, slip and fall or trip and fall cases often result in very serious injuries and sometimes even death. Some alarming facts bear this out:

Slip and falls account for over one million hospital emergency room visits annually;

Slip and falls are most common type of accident that result in employees missing work;

Half of all accidental deaths at home are caused by falls;

For people over 85 years old, falls are one of the leading causes of death;

Over 50% of nursing home residents experience a fall each year;

Falls cause 40% of all nursing home admissions; and
Falls are the single most common cause of workers compensation injuries.

Obviously, slip and falls must be taken seriously. Stores and other establishments open to the public must be vigilant in their efforts to remove fall hazards. In providing compensation for people injured in such falls, our justice system also serves the important function of raising businesses’ awareness of the importance in reducing fall hazards.

Common causes of falls include; water or other slippery substances on a floor (often shortly after mopping without warning signs being used); shelving too close to a floor that can catch a person’s foot; floor mats that are folded over; and potholes in parking lots or sidewalks. In nursing homes, falls often occur as a result of a lack of proper supervision or assistance when residents are transferring from a bed, chair or commode.
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