Generally, the answer to this question is yes. The state of Florida uses comparative fault and this basically means that a jury can consider the fault of any party or non party, including an injured plaintiff. Usually, in the trip and fall setting, the argument is that the plaintiff should have seen the hazard and avoided it. From the plaintiff’s perspective, they argue that they bear no fault as they were looking forward and looking around, as people generally do, and no one walks by looking at each step. If a jury finds the defendant to be at fault for the tripping hazard AND also finds the injured plaintiff to bear some fault as well, then the damages are reduced by the percentage of fault apportioned to the plaintiff.
