Slip and fall cases in Florida are very difficult to prove. Here is what the statute says:
Premises liability for transitory foreign substances in a business establishment.—
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
What does this mean?
It means that the property must have some awareness of the issue and fail to correct the unsafe condition. If a freezer in the frozen food section has been leaking for a week, that’s one thing. If it suddenly leaks and no one has noticed it for a few minutes, then that’s another matter altogether.
In order for you to get compensation in a slip and fall case, an attorney must carefully gather and evaluate all your case’s facts, and then present a strong argument in your favor. Most slip and fall cases settle without an attorney filing a lawsuit, but if the injuries involved are serious, a lawsuit may be your best choice.
If you think you have been injured due to the negligence of a store or other commercial property owner, then call The Dillingham Law Firm today for a free evaluation.
