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Lakewood Ranch keeps adding stores, plazas, and medical offices, and with all that foot traffic come the everyday hazards that cause serious falls. A wet tile entry at a new shop. A spill left in a grocery aisle. A cracked walkway in a busy plaza. When one of those causes an injury, a Lakewood Ranch slip and fall accident claim looks at whether the business acted reasonably. The Lakewood Ranch personal injury attorneys at Legler, Murphy & Battaglia, LLP deal with them often.
Can You Hold a Business Responsible for a Slip and Fall in Lakewood Ranch?
Sometimes, yes. A store or property in Lakewood Ranch can be responsible for a slip and fall when it knew about a hazard, or should have known, and failed to clean it up or warn you in time. A Lakewood Ranch slip and fall accident claim turns on that question of knowledge and timing, not just on the fact that you got hurt. Because the burden of proof sits with the injured person, what happens in the first hours after a fall often shapes the whole case.
Key Takeaways About a Lakewood Ranch Fall Claim
- You usually have to prove the business knew about the hazard, or that it sat there long enough that a careful business would have caught it.
- Evidence disappears fast — store video often gets recorded over within days or weeks.
- Florida gives most fall victims two years from the date of the injury to file a lawsuit.
- If the store blames you for the fall, your share of fault can reduce or even bar your recovery.
How Common and Serious Are Slip and Fall Injuries?
Falls send a striking number of people to the hospital, and the injuries are often worse than people expect. Each year there are about 3 million emergency department visits for older adult falls in the U.S., according to the Centers for Disease Control and Prevention. The CDC also reports that falls cause roughly 1 million hospital stays a year among older adults, many involving broken hips or head injuries.
What Do You Have to Prove After a Fall in a Store?
You generally have to prove the business had actual or constructive knowledge of the hazard. Florida Statute 768.0755 sets this rule for slips caused by a temporary substance on the floor. Actual knowledge means someone at the business knew about the spill. Constructive knowledge means it was there long enough, or happened often enough, that they should have known. A grape on the floor for two seconds is treated very differently from one that sat for 45 minutes while employees walked past.
Why Does Store Video Matter So Much?
Video often answers the timing question that decides the case. It can show how long a spill sat before you fell and whether employees walked by without cleaning it. The problem is that many systems record over old footage within days. A quick written request to preserve the video can protect it, and a lawyer can send that request within hours of taking a case. For broader premises liability matters beyond a store fall, our Sarasota premises liability attorneys handle those claims across the region.
What Florida Laws and Deadlines Affect Your Claim?
For injuries occurring after March 24, 2023, Florida gives you two years from the date of the fall to file a lawsuit, under Florida Statute 95.11. Florida uses modified comparative negligence under Florida Statute 768.81. A person more than 50 percent at fault recovers nothing; below that, your recovery drops by your percentage of fault. This is why stores often argue you were distracted or wearing bad shoes.
Frequently Asked Questions
You are not required to, and it often helps to wait. Adjusters may use early statements to argue you caused your own fall. Speaking with a lawyer first lets you understand what you are agreeing to before you say anything on the record.
Delayed pain is common with falls, especially for back, neck, and head injuries. Seeing a doctor once symptoms appear still connects the injury to the fall. A short gap does not automatically end a claim, though prompt care makes the link clearer.
New stores are not exempt. A recently opened business owes the same duty to keep floors reasonably safe. Polished tile and fresh construction can actually create hazards, such as slick surfaces or uneven transitions, that a claim can address.
If a hazard in a store or plaza caused your injury, the Lakewood Ranch slip and fall attorneys at Legler, Murphy & Battaglia, LLP are ready to help. Call our Lakewood Ranch office at 941-251-1370 for a free case evaluation.
