The person who slips and falls on a banana peel is a classic element in many physical comedy routines. But there is nothing funny about the thousands of Floridians who are injured in such an incident. These slip-and-fall accidents commonly occur in supermarkets, shopping malls, theme parks, airports, train stations and other places where there are a large number of people and only a few maintenance employees. Even a vigilant person can easily slip on a banana peel, a wet spot, a loose floorboard or other obstruction.
Several cases link premises liability to the color of the banana peel. The longer the obstruction has been on the floor, the more likely the owner is to be liable for your damages.
Yellow peel: Sometimes, the obstruction is a recent occurrence. The banana peel is yellow, the water just spilled on the floor or the floorboard only recently became loose. In such circumstances, and especially if no one told the owner about the obstruction, it may be difficult for your attorney to prove that the owner had notice of the condition and therefore had a duty to remedy the condition.
Brown peel: In a majority of instances, the peel is brown. The obstruction occurred fairly recently, and yet the owner clearly had notice and did nothing to remove the obstruction and make the premises safe. It is very much a question of what the owner knew, or should have known, and how the owner reacted.
Black peel: If the peel is black, and the obstruction had been on the floor for some time, the owner’s liability can be clearly established. This is especially the case if a person or several people told the owner about the unsafe condition.