I Slipped on Water From a Leaking Store Roof. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
A recurring or inadequately repaired roof leak can create evidence different from a one-time unknown spill. Maintenance history and prior knowledge can become central.
From a Case I Handled
I handled a matter involving a Walgreens roof that allegedly had not been repaired correctly. Water from the leak reached the customer area and my client slipped and was injured.
What I Look For
In a matter like this, I would investigate: roof repair records; prior leaks; work orders; contractor records; employee communications; buckets/warnings; surveillance; photographs; weather records; inspection logs.
What This Case Teaches About Negligence
A maintenance history can help establish whether a hazard was recurring rather than sudden and unknown.
A roof leak that has occurred before — and been inadequately repaired — is fundamentally different from a one-time unknown spill. Prior repair records, work orders, and employee communications about the leak can establish that the store had actual knowledge of a recurring hazard.
Applicable Florida Law
Florida Statute § 768.0755 applies to water from roof leaks. When a roof leak is recurring and the store has prior knowledge through repair records or employee reports, actual notice may be established. The adequacy of the repair attempts is also relevant. See also 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 a prior roof repair affect the negligence analysis?
Yes. A prior repair attempt that was inadequate can establish that the store knew about the recurring leak and failed to fix it properly. Work orders and contractor records documenting the repair history are critical evidence.
What if the store put out a bucket or warning cone?
A warning cone or bucket may show the store was aware of the leak, but it does not necessarily satisfy the duty to maintain the premises safely. Whether the warning was adequate given the circumstances is a factual question.
Does weather affect the negligence analysis for a roof leak?
Weather records can establish when rain occurred and help correlate the leak to the fall. However, a recurring leak that the store knew about is not excused simply because it was raining.
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