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How is liability established in a Florida slip-and-fall case?

Florida may be free from icy sidewalks, but that doesn't mean that slip-and-fall accidents do not occur. Unfortunately, they occur all too often. People slip and fall in stores, restaurants, hotels and more. Really, any business establishment could be the site of a slip-and-fall accident. And, when one occurs, those injured may wish to pursue a premises liability lawsuit.

If an individual in Florida is in a business and slips on a transitory foreign substance, causing an injury, they may want to hold the business responsible. This could occur, for example, if a person slips on a spill in the aisle of a grocery store. However, there are certain elements a slip-and-fall victim must show if they wish to prevail in premises liability lawsuit.

Under Florida statutes, the victims in such cases must show that the business should have taken steps to remedy the dangerous condition, because it had either actual knowledge of the dangerous condition or constructive knowledge of the dangerous condition. Constructive knowledge exists if the dangerous condition was there for so long that through ordinary care the business should have been aware of it, or that the condition happened so often that it was foreseeable. Keep in mind that this statute does not absolve any common law duty of care owed by individuals or the business.

Sometimes, if there is a spill on the floor or some other dangerous condition present in a business, the business will have taken steps to warn patrons of the danger. There may be signs posted or the affected area may be roped off. Unfortunately, not all business establishments will take such steps in a prompt fashion, if they do anything at all. When this happens, injured patrons will want to know more about their rights. After all, it is usually not their fault that they were injured due to a dangerous condition the property owner should have known about and remedied. If a person pursues a premises liability lawsuit and prevails, they may end up being awarded compensation for their losses.

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