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Injured in a Florida Retail Store? - Understand Your Rights

November 21, 2023 | Category: Personal Injury | Share

As Florida’s population increases, retail-related accidents in Florida stores are also increasing. In previous times, Florida’s population swelled during the “tourist season” only to shrink when the season was over. That is quickly becoming no longer true. 

The National Association of Home Builders reported that in 2022, Florida had the highest population growth rate of any state at 1.9 percent and the second largest nominal growth in population at 416,754. As of July 1, 2022, Florida’s population was at 22,244,823, the third largest state population in the United States. Florida’s population has not declined since 1946, over 75 years ago.

In addition to the number of permanent residents increasing, VISIT FLORIDA estimated that Florida welcomed 137.6 million visitors in 2022 which is an increase of 5 percent over 2019 and 12.9 percent over 2021. This is the highest increase in the state’s history.

The increased population has caused heightened risks of injury when shopping. These risks result in:

  • Slip and fall accidents are caused by such things as floor hazards, overcrowding of merchandise, and poor lighting.
  • Head and body injuries when merchandise falls, displays impede aisles, and merchandise is placed out of reach of customers.
  • Chaotic overcrowded stores and parking lots which may have uneven and hazardous pavement.
  • Overlooked maintenance resulting in hazardous conditions that may cause serious injuries.

Florida Retail Store Owner’s Liability

According to Florida Statute 768.0755, retail businesses can be liable for injuries if they are proven to have constructive knowledge of the dangerous conditions that caused the injury. Constructive knowledge is when someone is legally presumed to know something because they should have known it, even if they lacked actual knowledge.

Florida retail stores must use reasonable care to keep their stores free of potential hazards that could cause customers’ injuries. If they are unable to rectify the situation immediately, they must put up warning signs.

What Damages Can Injured Parties Seek?

Florida law provides two types of personal injury compensation for those who are injured because of the negligence of Florida retail stores. They may seek:

  • Compensatory Damages – These damages cover the costs incurred because of the injury, which can include such things as medical treatment, lost wages, pain and suffering, and loss of consortium.
  • Punitive Damages – These damages may be awarded because of gross negligence on the retail store’s part.

What is the Deadline for Filing a Personal Injury Claim?

The Florida Statute of Limitations 95.11 for bodily injury claims is two years from the date of the accident. This is the legal deadline for filing a lawsuit. It is important to contact the Fort Myers Premises Liability Attorney immediately after seeking medical attention for injuries received because of the negligence of another.

“We do not recommend that accident victims wait to contact us. Many things need to be accomplished before a lawsuit can be filed. Immediate action will help prevent misplaced or destroyed evidence. Witnesses may also be difficult to locate, and memories may fade or change over an extended period,” said Fort Myers Premises Liability Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. 

Proving Retail Stores Responsible

Retail store accident victims must prove that the store was responsible by showing the store had prior knowledge that the dangerous conditions existed, did not take reasonable steps to correct the situation, and that they were injured because of the dangerous conditions.

Fort Myers Premises Liability Attorney Assists Retail Store Accident Victims

Attorney Randall Spivey and his legal team assist accident victims who were injured because of the negligence of another. They represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of the firm’s clients have unique personal injury cases, and the firm provides personal contact and communication along with aggressive representation. Following is an example of a settlement Attorney Spivey received for an injured Naples woman:

  • A multi-million-dollar settlement was obtained for a Naples woman who suffered a brain injury and broken hip in a fall that occurred when she was knocked down by a broken door. 

Should you or a loved one be injured in an accident, please contact Spivey Law at 239.337.7483, toll-free at 1.888.477.4839, or online at

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