If you have recently experienced a slip and fall accident in Florida, you may be unsure about which insurance coverage applies and whether you have a claim against the property owner or another responsible party. Slip and fall claims are generally handled differently from motor vehicle accident claims, and Florida’s no-fault auto insurance system usually does not apply to an ordinary fall on someone else’s property.
What Is No-Fault Insurance in Florida?
Florida’s motor vehicle insurance system includes Personal Injury Protection, commonly called PIP. PIP can provide certain benefits after injuries arising from the ownership, maintenance, or use of a motor vehicle, regardless of who caused the crash. Depending on the circumstances and applicable policy, those benefits may include a portion of covered medical expenses and lost income.
PIP is a type of motor vehicle insurance coverage. It does not generally cover an ordinary slip and fall simply because the accident happened in a parking lot, on a sidewalk, or near a vehicle.
There are situations in which PIP can become relevant to someone who is outside a vehicle. For example, Florida law provides PIP protection in certain circumstances for people who are struck by a motor vehicle while they are not occupying a self-propelled vehicle. Whether PIP applies depends on how the injury occurred and the insurance policies involved.
How Slip and Fall Claims Work in Florida
Slip and fall claims generally fall under Florida premises liability law. A property owner, business, tenant, management company, or another party responsible for controlling the property may have legal duties concerning dangerous conditions on the premises. Whether someone is legally responsible depends on the type of property, the injured person’s status on the property, the nature of the hazard, and what the responsible party knew or should have known.
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Florida has a specific rule for slips and falls involving transitory foreign substances in business establishments. Examples can include spilled liquids, food, or other substances on a walking surface. In those cases, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
Constructive knowledge may be established through evidence showing that the dangerous condition existed long enough that the business should have discovered it through ordinary care, or that the condition occurred regularly enough that it was foreseeable.
Other premises liability cases may involve conditions such as damaged flooring, uneven walking surfaces, inadequate lighting, unsafe stairs, or other property hazards. The legal analysis can differ depending on the condition involved and who possessed or controlled the property.
Does No-Fault Insurance Apply to a Slip and Fall?
In most ordinary slip and fall cases, Florida PIP insurance does not apply. If you walk into a grocery store and slip on a liquid, trip over a damaged walkway, or fall because of an unsafe condition on private property, the fact that you have auto insurance does not ordinarily make that accident a PIP claim.
The analysis may be different when a motor vehicle is actually involved in causing the injury. For example, a pedestrian who is struck by a motor vehicle may qualify for PIP benefits under Florida law depending on the applicable coverage and circumstances.
That is different from simply falling while walking through a parking lot. A parking-lot fall caused by a pothole, uneven pavement, spilled substance, or another property condition is ordinarily evaluated as a premises liability claim rather than a no-fault automobile claim.
What Insurance May Cover a Slip and Fall?
After a slip and fall, an injured person may initially use health insurance to pay for medical treatment. Depending on the property and available insurance policies, there may also be premises liability or other liability insurance covering the responsible property owner or business.
A liability claim may seek compensation for damages supported by the evidence and allowed under Florida law. Depending on the circumstances, those damages may include medical expenses, lost income, reduced earning capacity, pain and suffering, and other losses caused by the injury.
The existence of insurance does not by itself establish that the property owner is liable. The injured person still generally must establish the legal elements of the premises liability claim.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
What to Do After a Slip and Fall Accident
After a slip and fall, address your immediate health and safety needs first. Seek emergency treatment for serious or concerning symptoms and obtain appropriate medical evaluation when needed. Some injuries may become more noticeable after the initial accident, so accurately describe your symptoms to your healthcare providers and follow the treatment plan you and your providers determine is appropriate.
If you can do so safely, document the condition that caused the fall before it is cleaned, repaired, or changed. Take photographs or video of the area, including the hazard itself and the surrounding conditions. If anyone witnessed the accident, obtain their names and contact information.
Report the incident to the property owner, business, manager, or other appropriate person. If an incident report is created, ask how you can obtain a copy. Keep records of medical treatment, expenses, missed work, and communications concerning the accident.
Evidence can disappear quickly in premises liability cases. Surveillance footage may be overwritten, a spill may be cleaned, damaged property may be repaired, and witnesses may become difficult to locate. Preserving evidence promptly can therefore be important when determining how the accident occurred and what the responsible party knew about the condition.
What If You Were Partially Responsible for the Fall?
Florida uses a modified comparative fault system for most negligence claims. If an injured person is partly responsible for an accident, any damages awarded may generally be reduced by that person’s percentage of fault. Under Florida law, a person who is found more than 50 percent at fault for his or her own harm generally cannot recover damages in a negligence action covered by the statute.
Fault in a slip and fall case can depend on many facts, including the visibility of the hazard, warnings that were provided, the condition of the property, and the actions of everyone involved.
The Role of an Attorney in a Florida Slip and Fall Case
You are not required to hire an attorney to pursue every slip and fall claim. An attorney can, however, investigate how the accident happened, identify potentially responsible parties, request available surveillance footage and records, evaluate insurance coverage, gather evidence, calculate claimed damages, communicate with insurers, and file a lawsuit when appropriate.
An attorney can also determine which insurance policies may apply. That can be important because premises liability coverage, health insurance, motor vehicle PIP coverage, and other sources of benefits operate differently. PIP should not be assumed to apply merely because an accident happened in a parking lot or near a motor vehicle.
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At Serrano Law, we help injured people understand their options after slip and fall accidents and other personal injury incidents. Our team can investigate the circumstances of the fall, review available evidence and insurance coverage, and evaluate whether another person or business may be legally responsible for the resulting injuries and losses.
If you were injured in a slip and fall accident in Florida, contact Serrano Law to discuss what happened. We can review the circumstances, explain the legal process, and discuss the options that may be available based on the evidence and Florida law.
To learn more about this subject click here: Analyzing Settlement Offers in Florida Slip and Fall Cases
