Premises Liability for Jacksonville Business Owners

As a business owner in Jacksonville, it’s important to understand your legal responsibilities when it comes to keeping your customers safe on your premises. Premises liability refers to the area of law that governs who can be held accountable when accidents and injuries occur on a property. When customers or clients are injured on your business property, they may be able to file a premises liability lawsuit if their injury was caused by unsafe conditions.

Jacksonville follows Florida state law regarding premises liability claims. Florida is considered a comparative negligence state, which means that plaintiffs (those filing the lawsuit) may recover damages even if they were partially at fault for their own injury. However, any compensation awarded to the plaintiff will be reduced based on their percentage of fault in the incident. Understanding Jacksonville’s premises liability laws and standards for businesses can help you avoid costly litigation and make sure your property is safe for your patrons.

Legal Duty of Care for Jacksonville Businesses

Under premises liability law, Jacksonville business owners owe a certain duty of care to their customers and anyone else who enters their premises with permission (known as invitees in legal terms). This duty requires the business owner to exercise reasonable care in maintaining their property in a safe manner. Essentially, business owners must work to prevent injuries by being aware of any potential dangers on their premises and addressing them appropriately.

More specifically, reasonable care for business owners in Jacksonville involves:

• Regular inspection of the property to look for potential hazards or unsafe conditions. Any hazards identified should be repaired promptly or otherwise remedied.
• Proper maintenance of facilities like flooring, stairs, railings, shelving, and other structures to ensure sturdiness and prevent collapse or equipment failure that could lead to injury. Damaged structures should be fixed in a timely manner.
• Adequate lighting must be provided in all areas of the premises, including parking lots, hallways, aisles, exterior walkways, and any other spaces accessed by customers. Poor lighting can obscure tripping dangers and also facilitate crime.
• Spills must be cleaned up quickly and wet floors clearly marked with warning signs until completely dry. This helps prevent slip and fall accidents.
• Businesses must provide appropriate security measures like alarm systems, security cameras, guards, and secure access doors or gates depending on the location. Lack of security can make customers vulnerable to violent crimes.
• Clear warnings must be posted regarding known hazards like short ceilings, uneven steps, areas under construction or repair, retractable animal restraints at vet clinics, and any other concealed dangers.
• Reasonable steps must be taken to protect customers from foreseeable criminal acts by third parties. This depends on the location and may require exterior lighting, surveillance systems, security personnel, etc.

Businesses that fail to take these reasonable precautions to protect their patrons from harm may be deemed negligent in a premises liability lawsuit if a customer is injured as a result.

Examples of Premises Liability Cases in Jacksonville

To understand premises liability more clearly, it helps to look at some real-world examples of lawsuits that have taken place involving Jacksonville businesses:

Slip and Fall at a Restaurant – A customer sued a local Jacksonville restaurant after slipping on a wet floor and fracturing their hip when they fell. The customer claimed that restaurant staff allowed a spill to remain on the floor for over 20 minutes without cleaning it up or placing warning signs. Their injury resulted in expensive medical bills and loss of income during recovery time. A settlement was eventually reached where the restaurant agreed to cover the plaintiff’s medical expenses and lost wages.

Inadequate Security in Retail Store Parking Lot – A retail shop customer was assaulted and robbed by an assailant in the store parking lot after dark. The parking lot was poorly lit with trees and shrubs that blocked visibility. The customer sued the retail store for failing to provide adequate security like bright lighting and video surveillance. The case was settled before trial with the terms kept confidential.

Unmarked Short Door Frame – A taller customer hit their head on a short doorway when entering a small boutique store, resulting in a concussion. The doorway’s unusually short height was not clearly marked with warning signs or notices. The boutique store owners agreed to a settlement that covered the customer’s medical treatment.

Staircase Railing Collapse – A customer fell down a flight of stairs at an office building and broke their leg when the staircase’s railing suddenly collapsed as they were descending. An investigation showed the railing had been improperly installed and never repaired. The building management settled the premises liability lawsuit by paying the victim’s substantial hospital bills.

In each case, the business failed to take reasonable precautions to identify and correct a dangerous condition or make customers adequately aware of hidden hazards. Their negligence resulted in injury to a customer who then sought compensation through a lawsuit. Paying attention to safety and potential dangers could have prevented the issue and avoided litigation in many cases.

Steps Jacksonville Businesses Can Take to Avoid Liability

There are some key steps business owners in Jacksonville can take to help fulfill their duty of reasonable care and reduce their risk of costly premises liability claims:

• Post clear warning signs or use caution tape to identify any known hazards like areas under construction, uneven flooring, short ceilings, etc. Verbally warn customers as well of any dangers they may encounter.
• Install good lighting indoors and outdoors to reduce tripping hazards and deter crime. Consider adding emergency lighting too. Replace any burnt out bulbs promptly. Outdoor lighting should fully illuminate parking areas and walkways.
• Clean up spills, water, grease or any slippery substances immediately. Place “Wet Floor” signs over mopped areas. Check floors regularly for hazards.
• Conduct daily walkthroughs checking for potential dangers like frayed carpets, cables running across floors, cracks or holes in pavement, and any other tripping/falling hazards. Repair any issues found immediately. Maintain a repair log.
• Ensure stairs and railings are securely fastened and meet code requirements. Check that all stairs have proper grip tape/strips. Replace loose or worn treads.
• Have shelving and storage racks professionally installed and regularly inspected for stability. Don’t overload shelving.
• Keep sidewalks, parking areas, and landscaping properly maintained. Address potholes, broken pavement, overgrown trees/shrubs or anything that blocks visibility.
• Hire trained security personnel and install surveillance camera systems, panic buttons, alarms, etc. based on the location. Control access to non-public areas.
• Develop a routine maintenance schedule for checking fixtures, flooring, lighting, equipment, furnishings, and any other facilities. Document maintenance in a log.
• Place signage and/or use floor decals to direct pedestrians and traffic flow in safest manner, especially near exits and busy areas.
• Purchase adequate liability insurance in case an injury does occur on your premises.
• Have customers sign waiver forms before engaging in inherently high-risk activities like skydiving, obstacle course racing, climbing walls, etc.

Following these steps demonstrates reasonable care and attention to safety. Being proactive helps prevent injury incidents in the first place, protecting both your patrons and your business interests.

Incorporating Premises Liability Best Practices

Let’s explore a few of these premises liability precautions and safety best practices in more detail:

Posting Effective Warning Signs

Warning signs are an important way to alert customers to known hazards on your property that can’t be readily fixed or removed. Make sure warning signs stand out and are placed conspicuously before the hazard zone. Block off hazardous areas with barriers if needed. Warning signs should meet the following criteria:

• Bright colors like yellow or orange with black lettering – this attracts attention
• Large bold print letters at least 2 inches tall – small fine print is easy to miss
• Clear concise wording that describes the hazard – for example “Short Ceiling Ahead: Watch Your Head”
• Mounted sturdily and at a visible height like 5 feet above the floor
• Placed in clear sight lines where customers can see the sign as they approach the hazard

Also verbally warn customers as an additional measure, especially those you see who seem unaware of the sign. Thoroughly warning customers shows reasonable care.

Installing Proper Lighting

Adequate lighting serves multiple safety purposes. It helps prevent slips and falls by letting customers clearly see potential tripping hazards. It also deters crime and theft. Analyze your business’s exterior and interior lighting needs, considering factors like:

• Existing light fixture placement – are there unlit areas or shadows?
• Light bulb wattage needed for each area
• Amount of natural light received throughout business hours
• Areas that require accent, security or emergency lighting
• Landscaping or decor that may partially block lighting
• Local crime rates and history of incidents on site

Develop a lighting plan that addresses any inadequacies or overly dark spaces. Parking lots, restrooms, loading docks and other isolated areas need close attention. Use LED bulbs for efficiency and longevity. Install lighting high enough to avoid easy tampering. Check lighting daily and replace any burnt out bulbs promptly.

Maintaining Safe Flooring

Flooring condition is extremely important for preventing falls and injuries. Check all flooring materials regularly for any needed repairs. Look for:

• Loose or uneven tiles, boards, bricks or paving stones
• Rips, holes or bulges in carpeting
• Cracks or broken chunks in concrete or asphalt
• Scuffed, peeled or warped flooring creating tripping points
• Gaps between flooring materials allowing heels to catch

Schedule professional repairs for any substantial issues like broken concrete. For smaller matters like holes in carpet, place warning signs until resolved. Select slip-resistant flooring materials like rough concrete, grooved wood or high-traction vinyl when choosing new flooring. Apply non-slip treatments to existing smooth floors where spills can occur. Proper floor maintenance and repair prevents falls.

Conclusion

Premises liability is an important legal issue that Jacksonville business owners must understand thoroughly. Taking reasonable steps to maintain safe facilities demonstrates care for customers and reduces liability risks. Addressing known hazards, improving security and lighting, developing maintenance plans, posting warnings and obtaining insurance shows a commitment to safety. Staying informed on Jacksonville’s laws allows businesses to remain compliant. While accidents can still happen even with precautions, implementing these best practices can help avoid many injuries – protecting both patrons and your company’s interests. A commitment to customer safety from the start makes for a more secure environment and better prepared business. Further, you can take assistance of our Jacksonville premises liability lawyer if you suffered injuries because of someone else fault.