Slip and fall accidents in Florida are largely regulated under Florida statute 768.0755, which establishes 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.
What you may not know is that the above statute is relatively new, dating from only July 1, 2010. The above statute replaced Florida Statute 68.0710, and was considered a win for premises owners and insurance carriers—and bad for those injured in slip and fall accidents.
Why? The new statute imposes a greater burden of proof upon plaintiffs than before. Now more than ever, proving liability means an experienced attorney may be essential in order to protect your rights.
- Your attorney will need to prove that your slip and fall accident was caused by a “dangerous condition” on the property of another, and that the owner or landlord knew about the condition. This condition must have presented an “unreasonable” risk of harm, and be something that a “reasonable” person would not have anticipated.
- Furthermore, in order to prove that the property owner or landlord knew about the dangerous condition, your attorney must demonstrate that either the property owner or landlord actually created the dangerous condition; or that that they knew of the condition and were negligent in failing to correct the condition.
- And finally, your attorney will have to prove that the condition existed for a long enough period of time that it should have been corrected by a “reasonable” property owner or landlord.
What is a “Reasonable” Property Owner or Landlord?
Your attorney will examine several avenues in attempting to prove what a “reasonable” property owner or landlord might have done:
- Did the dangerous condition last long enough that a reasonable property owner or landlord should have known about it?
- Was this a condition that had existed for some time?
- What are the standard procedures in place designed to prevent such a dangerous condition?
- What was the reason the dangerous condition existed, and is it a legitimate reason?
- Was there any way the dangerous condition could have been made more safe?
- Were there warning signs? Barriers to entry at the dangerous condition?
- Were any codes or statutes violated by the dangerous condition?
- If injured in an apartment, should the landlord have been aware of the dangerous condition and notified you, as a tenant?
Witnesses, photographs, and Accident Reports
It’s important to contact an attorney as soon as possible after a slip and fall accident. Your attorney will gather evidence from witnesses, and their testimony is best gotten as soon as possible to ensure details and remembered. Photographs of injuries and/or the accident site can help prove liability. Medical records can document the extend of the injury. And accident reports can help prove negligence with a record of what actually happened.
Have you or a loved one been injured in a Florida slip and fall accident on the property of someone else?
If you or a loved one has been injured in a slip and fall accident while on the property of someone else—or even in your own apartment—the attorneys at Thomas and Pearl want to speak to you.
$150 MILLION in verdicts and settlements
Thomas & Pearl attorneys have the skills and training, plus the financial resources necessary to take on wealthy property owners. Ask about our experience as attorneys helping victims of slip and fall accidents in Florida.
Ask about the more than $150M (MILLION) dollars in recent and past jury verdicts and settlements we have gained for our clients.
We’ll evaluate your case situation with you, develop a strategy to win or successfully negotiate the highest amount of compensation for you.
Experienced legal help can make the difference between a successful resolution and losing in court. And you pay nothing unless we get that successful resolution for you.
Contact Thomas & Pearl at anytime.
Contact Thomas & Pearl Injury Attorneys. Fighting for Floridians. Call toll free 24/7 at 877-990-HELP (4357),