How Does the Weather Affect Your Premises Liability Claim?

Florida does not have much snow, especially not in its southernmost counties. One winter’s day in 1984, the temperature dropped to 28 degrees in Broward County, and a thin coating of ice appeared on some blades of grass on people’s lawns; the citrus trees froze, and people are still talking about it today. It did not bode well for the citrus harvest that year; the town of Frostproof, Florida in Polk County is so named because one can safely plant citrus trees south of its latitude without having to worry about the crop getting destroyed by frost. Such a freeze has not happened since. Florida has plenty of storms, though, and those storms cause plenty of hazardous conditions. People who got injured in accidents caused by dangerous conditions arising from the aftermath of storms include a woman who slipped on a dock that had become overgrown with algae while it was submerged during a hurricane, and a woman who unknowingly drove into a drainage ditch in the Sawgrass Mills parking lot when it was so flooded that she could not see the ditch. One cannot help but think that it would be reasonable for lawmakers to set rules about how soon after a storm business owners must begin to remedy unsafe conditions if they remain open for business during severe weather. If you got injured in an accident at a place of business during or just after a severe storm, contact a Fort Lauderdale premises liability lawyer.

Florida Does Not Have a Storm Doctrine

Pursuant to premises liability laws, you have the right to sue a business if, when you visited the business as a customer, you got injured in a preventable accident caused by dangerous conditions. You must prove that the business management could reasonably know about the danger and prevent it. A common example is a customer slipping on a wet floor at a supermarket; the employees should walk up and down all the aisles frequently, and if they see a spill or water leak, they should clean it or place “caution” signs.

Some states have storm doctrines in their premises liability laws. These rules protect business owners from premises liability lawsuits if the accidental fall happens during a storm or immediately after. In other words, customers’ shoes are wet, and there will still be water on the floor of the store even if the employees clean it multiple times an hour. Most states with storm doctrines are northern states where there is snow on the ground throughout much of the winter, and almost everyone who enters a retail store in the winter has snow or ice on their boots, which will inevitably melt while they are inside. Even though Florida is not a snowy place, we have frequent heavy rainstorms, especially in the summer. Perhaps we would benefit from premises liability storm doctrines.

Set Up a Consultation Today

A personal injury lawyer can help you recover compensation for your medical bills after a slip and fall accident during a rainstorm.  Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.

Source:

findlaw.com/legalblogs/personal-injury/storm-doctrine-debated-in-slip-and-fall-suit/