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Wheel Stop Trip and Fall Injury and Accident Claims in Florida

Wheelstop in middle of parking space at strip mall
Wheelstop in middle of parking space at a Miami strip mall.

Many different types of walking surfaces may cause an accident.  In Florida, a person may have a case if he or she tripped over a dangerous wheel stop in a parking lot.

This article applies regardless of the type of parking lot within which the victim fell.

So it applies to parking lots at Florida supermarkets, big box stores, shopping malls, hotels, motels, resorts and much more.

Tripping on a wheel stop and falling

In Florida, tripping on a wheel stop in a parking lot may cause someone’s injury.  In Florida, a property owner has a duty to maintain its premises in a reasonably safe manner for its invitees.  There is no duty to warn against an open and obvious condition, which is not inherently dangerous. Aaron v. Palatka Mall, L.L.C., 908 So.2d 574, 576–77 (Fla. 5th DCA 2005).

Good facts for the injured victim in a Florida wheel stop accident case.

In Florida, these facts may make a case easier if a customer trips on a wheel stop and is hurt.  They do not guarantee that the hurt victim will get a settlement.  However, they do help the injured person’s chances of receiving a payout.

Bad facts for the victim in a Florida wheel stop accident case.

The following facts make the injured person’s case difficult or impossible to win:

A property owner or occupier is not an insurer of his customers’ safety.   Rather, the property owner or occupier owes his customers only a duty to protect against those risks that are reasonably foreseeable.  See Westchester Exxon v. Valdes, 524 So.2d 452, 455 (Fla. 3d DCA 1988).

A property owner is not automatically liable just because a customer falls on its property.  Just because the injured person did not see the wheel stop does not make it a dangerous condition.  Simply because a victim did not see the wheel stop does not mean that is was not open and obvious.

The ADA Standards for Accessible Design depict the use of wheel stops in accessible parking spaces.  Much of the above wheel stop case information is from Ramsey v. Home Depot USA, Inc., 124 So. 3d 415 – Fla: Dist. Court of Appeals, 1st Dist. 2013.  

Did a property owner or occupier’s carelessness cause your injury in Florida?  Did someone else’s negligence cause you to get hurt in Florida?

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Our Miami law firm represents people anywhere in Florida if someone’s carelessness caused their injuries in slip, trip and falls, drunk driving crashes, cruise ship or boat accidents, accidents at an apartment complex, condo building or home, wrongful death and many other types of accidents.

We want to represent you if you were hurt in an accident in Florida, on a cruise ship or boat. If you were injured in another state but live in Florida, we may also be able to represent you.

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This article is up to date since it was published on October 2015.

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