Our Florida Publix injury lawyers have represented a number of customers that have been hurt as a result of slipping, tripping or falling merchandise at a number of South Florida supermarkets including, Publix, Winn-Dixie, Wall-Mart and Whole Foods.
The most important legal issue for customers hurt at a Miami grocery store is to understand is that simply falling and getting hurt at a Publix does not legally entitle you to make a claim. People slip, trip and fall every day in these stores, but not necessarily due to the fault of the store owner. Many potential clients contact our Broward Publix accident law firm thinking that simply because the fell in the store they are entitled to compensation. This is wrong.
Florida law requires that for the owner or operator of a store to be held legally responsible for the injuries of a customer who falls due to a slippery or dangerous condition the store customer has to prove that the owner or operator actually knew of the problem or should have known of the problem with enough time that an ordinary business own should have known. In the alternate, the claimant has to show that the dangerous or slippery condition happened so often that their particular situation was both regular and foreseeable. In other words, if you get hurt at Publix by falling on a grape, you have to prove that the Publix knew that the grape was there or it had been on the floor long enough that they should have known.
The is a significant change in Florida law by shifting the burden of proof back into the hands of the injured plaintiff. Florida Statutes §768.0755 is a major victory for business owners, like Publix, and for insurance companies because the previous statute and law were more claimant friendly, making it easier to prevail at trial.
It should be noted that the new Florida Statute does not affect Publix’s common law duty to use reasonable care in the maintenance of its stores and to warn customers of any hidden dangers. But there is no mistaking that this new law will have a significant impact in the ability of injured customers to prove and win Florida fall down cases.
Read the lawsuit of a current case our Florida personal injury lawyers have against Publix: Complaint-8100.pdf