In the state of Florida, a wrongful death claim may be brought when a person is killed as a result of negligence, failure to live up to a legal duty, or an intentional wrongful act. Some fatalities are caused by slip and falls, and property owners could potentially be held liable for losses after such a fatality occurs.
Premises liability laws determine when a property owner can be held accountable for a slip and fall injury or for a death resulting from a slip and fall. Premises liability laws determine the specific obligation that a property owner has to visitors. This obligation differs depending upon why the visitors are on the property. If a property owner fails to live up to his duties to maintain a safe premises or warn visitors of risks, the property owner can be liable for injury or death.
Florida Statute 768.0755, for example, explains circumstances under which a property owner can be held responsible for the consequences of a slip and fall due to a transitory foreign substance in a business. If a fatal fall happens because of a transitory foreign substance, the business may be held accountable in a wrongful death claim if it can be proved the company knew or should have known about the existence of the substance and should have acted to remedy the situation.
When a wrongful death claim is made after a slip and fall, the plaintiff must prove the property owner had an obligation to maintain a safe premises and that the failure to fulfill that duty caused the fatal fall. Slip and falls are often fatal if brain or spinal damage affects the victim, but there are many reasons why fall injuries could be deadly. A Florida slip and fall lawyer can provide assistance when a death occurs so surviving family members can take appropriate legal action to recover compensation for losses.