slip and fall

Florida Statutes, Section 768.0755, which became effective July 1, 2010, provides that:

water puddle on ground

(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.

Section 768.0755 is a much more difficult standard to meet than the standard that was in place prior to July 1, 2010. Pursuant to Section 768.0755(1)(a), in order to maintain a lawsuit for a slip and fall, the plaintiff must show that the dangerous condition alleged existed for enough time that the business should have known of the condition or that the dangerous condition occurred regularly. This is not an easy standard to meet. Continue reading →

Have you been injured in a slip and fall or a trip and fall that wasn’t your fault? It is important to know what to do after a slip and fall accident or a trip and fall accident and what duties state and federal law place on stores, malls, restaurants, and other places where most slip and fall accidents occur.

If you have been the victim of a slip or fall on the premises of a business, the first thing you should do is report the accident to the property manager, store manager, or any other employee of the business. It is very important to make sure that someone who works at the location where you fell is aware of the situation. Then, take photos of where you fell and what caused you to fall. Make sure to get as many angles as possible. Try to obtain a copy of the accident report from the business. Remember, the company is likely going to argue that your accident wasn’t as a result of their negligence, so make sure you get as much evidence as you can. If you run into someone who doesn’t want to give you this information, speak to a qualified attorney and he or she will use legal methodologies to ensure that no vital information is withheld.

What duties does a landowner or a business owner owe to a guest on its property?

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