In the height of this holiday shopping season, patrons should feel safe when they get to the store. That means there should be adequate security and lighting. Boxes should be safely stacked. Spills should be promptly cleaned up. Employees should be regularly checking the site for possible hazards to minimize the risks.
Property owners owe business invitees the highest duty of care to make sure the site is free of unreasonable hazards. However, if a patron does encounter a danger and is injured as a result, he or she will still face challenges in asserting liability and obtaining compensation. Specifically as it pertains to slip-and-fall hazards, F.S. 768.o755 spells out the stringent proof burden plaintiffs have to meet in order to prevail in an injury lawsuit against a business. In these cases, plaintiff has to show:
- The business had actual knowledge of the dangerous condition.
- The dangerous condition existed for such a length of time that, had the business been using due care, the business establishment should have known about it.
- The condition occurred with regularity and was therefore foreseeable.