Dear Spencer:
On a recent trip to my local discount auto parts store, I tripped and fell on a display case. I broke my arm and want to know my rights.
Thanks,
Broken in South Beach
Dear Broken in South Beach:
Thank you for your email to our Florida trip and fall law firm. Florida law has two requirements for business owners. First, store owners must maintain their businesses in a reasonably safe condition and second, they must warn of any dangerous conditions. However, in your case, if the display case is “open and obvious” the store still has the obligation to maintain its property.
In the case of Maria Rocamonde v. Marshall’s, a lady tripped and fell on the base of a display rack that protruded further than the upper portion and was injured. The Third District Court of Appeal ruled that while Ms. Rocamonde saw the display rack before she fell, which would make the rack “open and obvious”, Marshall’s still had to maintain its store in a safe condition.
As a Miami slip and fall lawyer I am happy to see that the results of this case as it will force business owners to keep their stores safe for all customers. We wish you the best in your pursuit of justice.
