Florida may be famously known as the Sunshine State. But as a long-time resident, you may know all too well that this state also brings heavy rains and tropical storms. With these weather conditions, it is easy to slip and fall on smooth surfaces like tile, stone, or polished concrete. Or, get hurt due to uneven surfaces, cracks, and potholes hidden by accumulated water and puddles. Lastly, you may be unable to avoid safely sidestepping weather-related debris like wet palm fronds, wet sand, and tree branches in your walkway. Given any of these circumstances, please read on to discover whether you have a valid case if you slip and fall due to weather-related debris and how a seasoned Miami slip and fall lawyer at the Law Offices of Gonzalo Funes, PA, can help establish your legal argument.
What are the expectations for removing weather-related debris after serious weather conditions?
Before you pursue a slip and fall accident claim, you should understand the expectations for property owners to remove weather-related debris after serious weather conditions. Generally speaking, both residential and commercial property owners in Florida have a legal duty to maintain their property in a safe condition for anyone welcome to enter.
In the context of rainstorms, while there is no state-level regulation, city and municipal codes usually state that owners should clear weather-related debris promptly after it ceases. The term “promptly” can mean within 24 hours after light rainfall or within 30 days of a hurricane, for example. With that, “clearing” this debris may, for instance, entail drying or mopping wet floors indoors and placing warning signs or barricades around standing water and fallen trees and branches in outdoor walkways (i.e., parking lots, sidewalks, etc).
How do Florida courts decide fault for slip and fall cases caused by weather-related debris?
Even though Florida law undoubtedly places a certain standard of care on property owners, this may not automatically result in their liability in your slip and fall case. That is, the Florida civil court may analyze varying factors before reaching its final decision on the matter.
For one, the court may look at when the weather event was reported in comparison to the date your slip and fall accident occurred. Then, they may review the code for clearing weather-related debris in the city or municipality where your accident took place. Ultimately, you may be out of luck if the property owner stays within their reasonable timeframe to clear their premises.
The odds are less likely if your accident was in the middle of the weather event. With a “storm in progress” defense, a property owner may argue that it is unrealistic for them to keep the walkways on their premises dry during an active rainstorm. Or, they may have evidence that they took active measures to warn about this potentially dangerous condition (i.e., wet floor signs, caution tape, etc.) until they had the chance to clear it.
Before you step into a Florida civil courtroom, you must seek a competent Miami-Dade County injury lawyer to stand by your side. Please contact our office, the Law Offices of Gonzalo Funes, PA, as soon as you are ready.
