Walk through almost any apartment complex in South Florida and you will notice freshly painted breezeways, stairwells, and pool-deck walkways gleaming in the sun. Property managers repaint these surfaces to make the property look clean and well-maintained. But when the wrong paint is used, that fresh coat can create a hidden danger: a walking surface that turns slick the moment it gets wet.
Why Painted Walkways and Stairs Can Become Slippery
Not every paint product is appropriate for walkways and stairs, and not every painted surface is applied with enough traction. Two problems appear often in apartment complex slip and fall investigations:
- Using the wrong type of paint. Standard gloss or semi-gloss paints, meant for interior walls or decorative surfaces, are sometimes used on exterior walkways and stairs. These finishes look attractive but offer very little traction, especially once exposed to rain, sprinkler overspray, or morning dew.
- Skipping the non-slip additive. Paint manufacturers sell slip-resistant additives — fine grit or texture compounds — specifically designed to be mixed into exterior floor coatings. When a property owner or painting contractor cuts corners and leaves this additive out, or applies far too little, the surface can end up more slippery than the bare concrete it was meant to protect.
A painted walkway or staircase can look safe while still being dangerously slick. When the surface gets wet from rain, sprinklers, pressure-washing, or morning dew, the lack of traction may not be obvious to residents or guests.
Common Injuries from These Falls
Falls on painted stairs and walkways tend to happen fast and hard, and may result in:
- Broken wrists, ankles, and hips;
- Torn ligaments and tendons;
- Herniated discs and spinal injuries;
- Traumatic brain injuries from striking a step or the ground; and/or
- Fractures from tumbling down a flight of stairs.
These incidents are especially dangerous on stairs because the person may strike several steps or railings before reaching the landing or ground. That series of impacts can make the injuries more serious than a slip and fall on a flat surface.
Who Can Be Held Responsible?
Under Florida premises liability law, apartment complex owners and management companies must keep common areas — including walkways, breezeways, and stairwells — in a reasonably safe condition. Painting those surfaces does not reduce that responsibility. In some cases, it may increase the need for care because the property created or changed the walking surface.
Depending on the facts of the case, liability may extend to:
- The apartment complex owner or landlord;
- The property management company; and/or
- The painting or maintenance contractor hired to do the work.
How We Investigate Painted-Surface Slip and Fall Cases
Painted-surface slip and fall cases often depend on evidence that may not be obvious from a photo. A surface can look normal but still fail accepted slip-resistance standards. Our investigation typically focuses on:
- Coefficient of friction testing. Slip-resistance experts can inspect and test the actual painted surface, wet and dry, to measure whether it meets accepted safety standards for walkways and stairs.
- Maintenance and vendor records. We request work orders, painting contracts, product data sheets, and safety data sheets to determine what product was used and whether a slip-resistant additive was ever purchased or applied.
- Prior complaints and incident reports. Other residents may have already complained about slick stairs or reported near-misses or prior falls in the same area.
- Weather and maintenance conditions at the time of the fall. Sprinkler schedules, recent rain, pressure-washing, and cleaning logs can all help explain why the surface was wet or contaminated at the time of the incident.
- Photos and video. Surveillance footage, if it exists, and photographs of the paint's sheen, wear patterns, and condition are critical and can disappear quickly if not preserved.
Florida's Comparative Negligence Law
Florida uses a modified comparative negligence standard. In painted-surface fall cases, a property owner’s insurance company may argue that the injured person was not paying attention, wore the wrong shoes, or should have noticed the surface was wet. An injured person may be barred from recovery if they are found more than 50% at fault. That makes early investigation important, before evidence disappears and before the insurance company’s version of events becomes the only well-documented account.
What to Do After a Fall on a Painted Walkway or Staircase
- Seek medical attention right away, even if the injury seems minor at first;
- Photograph the surface, the location, your shoes, and the weather conditions before anything changes;
- Report the fall to the property management office in writing and request a copy of the incident report;
- Get contact information from any witnesses;
- Avoid giving a recorded statement to the property's insurance company before speaking with an attorney; and
- Contact an experienced Florida premises liability attorney promptly, since evidence like surveillance video is often erased on a routine cycle.
Injured on a Painted Walkway or Staircase? We Can Help.
At Englander Peebles, we handle premises liability cases across Florida involving apartment complexes that cut corners on safety. If you or a loved one was injured in a slip and fall on a painted walkway, breezeway, or staircase, our trial attorneys can investigate the property, preserve evidence, retain the right experts, and fight to hold the responsible parties accountable.