Personal Injury
Falls, Trip Hazards, Stairs, Ramps & Walkways
Evidence Preservation, Notice & Property Owner Liability in Florida
Falls caused by trip hazards, defective stairs, inadequate ramps, and poorly maintained walkways are among the most common causes of serious injury in Florida. These cases require prompt evidence preservation — surveillance video is often overwritten within days — and careful documentation of the condition that caused the fall.
Common Trip and Fall Hazards in Florida
Trip and fall cases arise from a wide range of conditions: raised or sunken pavement, cracked sidewalks, and uneven transitions between surfaces; defective or broken stairs — missing nosings, uneven riser heights, inadequate tread depth; missing, broken, or inadequate handrails and guardrails; ramps with improper slopes, missing edge markings, or slippery surfaces; curbs and changes in elevation without adequate warnings or markings; parking lot defects — potholes, cracked asphalt, raised speed bumps; and poorly maintained walkways, including loose or missing tiles, torn carpet, and wet floors without warning signs.
Stair and Ramp Defects
Stairway and ramp defects are a significant source of serious injury. Florida's Building Code sets specific requirements for stair dimensions, riser heights, tread depths, handrail heights, and ramp slopes. Violations of these requirements can establish that the property did not meet minimum safety standards. Common stair defects include: uneven riser heights that disrupt a person's natural gait; inadequate tread depth that does not provide sufficient footing; missing or inadequate nosings that reduce the visible edge of the step; and handrails that are too low, too high, or not continuous for the full length of the stair. Ramp defects include improper slopes, slippery surfaces, and missing edge protection.
Surveillance Video and Evidence Preservation
Surveillance video is often the most important evidence in a trip and fall case. It can show the condition that caused the fall, how long the condition existed before the fall, whether the property owner or employees were aware of the condition, and the circumstances of the fall itself. Most commercial properties retain surveillance video for only a short period — often 30 to 72 hours — before it is automatically overwritten. An attorney can send a preservation demand to the property owner immediately to prevent destruction of this evidence. If you are injured, report the incident to the property owner or manager and ask that the surveillance video be preserved.
Notice and the Property Owner's Duty
To recover in a trip and fall case, you must establish that the property owner knew or should have known about the dangerous condition. Actual notice exists when the owner or an employee created the condition or was directly informed of it. Constructive notice exists when the condition existed long enough that a reasonable owner conducting regular inspections would have discovered it. Evidence of prior complaints, prior incidents, and the owner's inspection and maintenance practices is often central to establishing notice.
What to Do Immediately After a Fall
If you are injured in a fall on someone else's property: report the incident to the property owner or manager and request a copy of any incident report; photograph the condition that caused your fall before it is corrected; obtain contact information from any witnesses; seek medical attention promptly; preserve your footwear and clothing; and contact an attorney as soon as possible. Do not sign any documents presented by the property owner or their insurance company without consulting an attorney.
Frequently Asked Questions
What should I photograph after a fall?
Photograph the condition that caused your fall — the specific hazard, the surrounding area, and any warning signs (or lack thereof). Photograph your injuries. If there is a spill or wet surface, photograph it before it is cleaned up. If the condition involves a stair, ramp, or walkway defect, photograph it from multiple angles. Take photographs as soon as possible — conditions are often corrected quickly after an incident.
Why is surveillance video so important in a fall case?
Surveillance video can show the condition that caused the fall, how long it existed before the fall, whether employees were aware of it, and the circumstances of the fall itself. It is often the most powerful evidence in a trip and fall case — and it is often overwritten within 24 to 72 hours. An attorney can send a preservation demand to the property owner immediately to prevent destruction of this evidence.
What if the property owner fixed the condition after my fall?
Evidence of subsequent remedial measures — changes made after an accident to prevent future accidents — is generally not admissible to prove negligence under Florida law. However, the fact that the condition was corrected does not mean you have no case. Other evidence — surveillance video, maintenance records, prior incident reports, and expert testimony — can establish that the condition was dangerous and that the owner had notice of it.
How long do I have to bring a trip and fall claim in Florida?
The statute of limitations for personal injury claims in Florida is generally two years from the date of the injury. It is important to act promptly — surveillance video is often overwritten quickly, conditions are corrected, and witnesses' memories fade. Consult an attorney as soon as possible after a fall.
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