Slip and Fall Guide

Slip and fall accidents, or premises liability, accidents happen often in public and in stores.

It could be an object on the floor, slippery floors, or even liquids/rain that cause a slip and fall.  When a plaintiff brings a claim against a property owner due to a slip and fall injury, he or she is doing so under a theory of negligence.  Negligence requires that the plaintiff prove that the property owner owed the customer a duty and subsequently breached that duty.  Plaintiff also needs to prove injuries; these may be physical and/or financial such as lost wages.

Florida Statute § 768.0755 now requires that a plaintiff prove that a property or business owner not only acted unreasonably in the upkeep of his/her property, but also that he or she knew that there was a dangerous condition that could pose a safety concern.  Actual knowledge is when the shopkeeper actually knew of the hazard but did nothing about it.  Constructive knowledge occurs when shopkeeper knows, for example, that a freezer leaks water on the floor every day in a certain area but does nothing to warn customers to avoid it via signs etc.   This may also occur when spills/liquids sit for extended periods of time where the shopkeeper or employee should have discovered it.

Contact us TODAY if you have been in a slip and fall accident anywhere in South Florida at 754-900-1529, info@hklegalgroup.com, or the form to the right of this page.