Florida Slip and Fall Basics
Slip and falls are a specific type of personal injury claim that involve injury on the premises of another, and is commonly referred to as premises liability. Ultimately, it is important that all residents of the state understand the basics of Florida slip and fall law and what to do if you are injured in a slip and fall accident.
In 2010, the Florida legislature passed a statute about slip and fall accidents at businesses. The statute requires certain evidence in order for an injured person to be able to recover damages for a slip and fall injury. The statute itself states, “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.”
An important concept in a Florida slip and fall case is the concept of constructive knowledge. Constructive knowledge is notice of a situation or fact of which a person is presumed to be aware, had he or she acted as a reasonable person. For example, if there has been a leak in the roof of a building resulting in a puddle of water on the floor for many hours, someone at the business premises should have known about the puddle in that period of time, had the owner or his or her employees performed timely and routine inspections of the premises. Therefore, it would be said that the business owner had constructive knowledge of the puddle.
Proving Constructive or Actual Knowledge
In order to recover damages for a slip and fall accident, the plaintiff must prove constructive or actual knowledge. Constructive knowledge can be proven by circumstantial evidence showing that the dangerous condition existed. This circumstantial evidence can prove that the condition was recurring and therefore foreseeable, or that the dangerous condition was present for long enough that the business should have been aware of it.
What Standard of Care do Businesses Owe?
Another thing that a plaintiff needs to prove in a slip and fall case is that the business owed a duty of care to the person who was injured. In other words, the business has a duty of care to make its premises safe for its patrons. This aspect of slip and fall cases is extremely fact specific and will depend on many factors including the type of business, whether the person is an invited guest, where on the premises the accident took place, and other considerations.
Recovery in Slip and Fall Accidents
If you are injured in a slip and fall accident you may be entitled to compensation for pain and suffering, lost wages, medical bills, and other money damages related to the accident.
Contact Our Clearwater Slip and Fall Attorneys for Assistance Today
If you are injured in a slip or trip and fall accident, you may be able to recover damages for your injuries. Our experienced slip and fall accident attorneys at Roman & Roman, P.A., in Clearwater, Florida, can help you pursue the recovery you deserve for your injuries.