Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS




Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

Jeffrey M. Braxton


Craig A. Posner


Sharlene G Kosto


Brooke E. Perez


Robert H. Stein


Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

Follow Us



Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

Request a Free Consultation

Please fill out the form below and we will be in touch soon.
  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields


Blog Home

Florida Woman Loses Slip and Fall Case – What You Need to Prove

People slip and fall every day, but they don’t necessarily think they have a lawsuit on their hands.


Delores Arp of Palm Beach County, however, absolutely believed she had a valid slip and fall lawsuit when she tripped on a loose paver stone at Waterway East Association, Inc. Arp was walking back to her house, and she used W.E.’s shopping area property as a shortcut – a cut-through many people had used before.


W.E. affirmed that Arp was not a customer at the shopping area, and that they therefore did not owe her any duty of care. Moreover, they argued that they weren’t responsible for maintaining that particular area of the walkway.


Arp said she was an “implied invitee,” but the courts disagrees. They said an invitee “has an objectively reasonable belief that he or she has been invited or is otherwise welcome on that portion of the real property where injury occurs.”


In fact, the court stated that Arp was actually an uninvited licensee, which means she came to the property “solely for (his or her) own convenience without invitation either expressed or reasonably implied under the circumstances.”


Basically, because Arp was not on the property to visit the stores, but rather just using the property as a walk through, W.E. had not duty to keep her safe. These types of details are important to slip and fall suits, and Arp’s case highlights what you need to prove to have a valid slip and fall claim.


Let’s review the necessary elements of a valid slip and fall.


Understanding Florida Slip and Fall Cases


Slip and fall cases cover various accidents that can possibly occur on someone else’s property. You might slip on a wet floor in a grocery store, stumble down a poorly lit staircase in an office building, or fall in a number of other ways. These types of accidents aren’t usually serious – just a few cuts and bruises – but a more serious slip and fall could result in severe injury and hefty medical bills.


If you were involved in a slip and fall accident, there are a number of important things to know. The statute of limitations in Florida is four years from the date of injury. That means that after four years you won’t be able to file a suit. So it’s important to handle your case in a timely manner.


Beyond this, slip and fall cases come down to the details. You need to prove three things to the Florida courts:


Boca Raton Slip and Fall Lawyer

  1. The property owner owes a “duty of care” to you. If you are invited onto the property, the property has to be safe. Being invited doesn’t require a formal invitation, though. Simply being open for business means that a company is inviting you to come in and shop.
  2. The property owner didn’t use “reasonable care” to safely maintain the property. Depending on the circumstances, the court has the ability to decide what “reasonable” means to each particular case.
  3. Due to the property owner’s negligence of reasonable care, you were injured.


If you or a loved one have been invited to someone else’s property and were injured in a slip and fall accident, reach out to an experienced Florida personal injury attorney to see if you might be entitled to compensation.



About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The Injury Law Firm of South Florida, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Blog Home


Office Location and Service Areas

The Injury Law Firm of South Florida handles cases throughout Florida from their Fort Lauderdale office. Here is a list of some of the counties and cities we serve:

Martin County

Breeze Park, Jensen Beach, Jupiter, Sewall’s, Stuart  Point Ocean.

St. Lucie County

Fort Pierce, Port St Lucie.

Lee County

Bonita Springs, Cape Coral, Estero, East Dunbar, Fort Myers, Fort Myers Beach, Sanibel.

Palm Beach County

Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, and throughout the greater Palm Beach area.

Broward County

Coral Springs, Deerfield Beach, Fort Lauderdale, Lauderhill, Hallandale, Hallandale Beach, Hollywood,  Pembroke Pines, Pompano BeachMargate, Miramar, North Lauderdale, Plantation, Sunrise, Tamarac, Weston, and throughout the greater Broward area.

Miami-Dade County

Aventura, Coral Gables, Hialeah, Kendall, Miami, Miami Beach, North Miami, South Miami,  Beach, Sunny Isles, and throughout the greater Miami-Dade area.

Collier County