I Tripped Where a Grocery Store Removed Floor Tiles and Did Not Replace Them. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
Removed tiles can leave a depression or elevation change in a customer walkway. If the store created or knew of the condition, maintenance and warning evidence may be central.
From a Case I Handled
I handled a case involving two grocery-store floor tiles that had been removed but allegedly not replaced. My client tripped and suffered a severe knee injury.
What I Look For
In a matter like this, I would investigate: measurements; photos; work orders; reason/date tiles removed; employee/contractor involvement; warnings/barriers; surveillance; repair history; inspection records.
What This Case Teaches About Negligence
A defect created during repair or maintenance can often be traced through work orders and contractor/employee evidence.
When the store's own maintenance created the hazard by removing tiles without replacing them, the notice analysis is straightforward — the store created the condition. Work orders and contractor records can establish exactly when the condition was created and who was responsible for restoration.
Applicable Florida Law
When a store's own maintenance operation creates a hazard, Florida courts may find actual notice without requiring proof of duration. Work orders and contractor records are central evidence. See Fla. Stat. § 768.0755; Fla. Stat. § 768.81.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Does it matter that the store removed the tiles itself?
Yes. When the store's own maintenance created the hazard, actual notice may be established without proving how long the condition existed. The store knew about the condition because it created it.
What if there were no warning signs around the missing tiles?
The absence of warnings or barriers around a known hazard created by the store's own maintenance is strong evidence of negligence. The store had both knowledge of the condition and the ability to warn customers.
How important are work orders in this type of case?
Work orders are critical. They establish when the tiles were removed, who performed the work, and what restoration was planned. They directly establish that the store created the dangerous condition.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728