Under Florida law, winning a slip and fall case requires proof of 5 issues. First, you must show that you slipped on a substance while on someone else’s property. This could be anything from water, a grape, oil or other debris.
Second, you must demonstrate that the substance created a dangerous condition that caused your fall. This means showing that the substance was not readily visible or obvious and that it posed a risk of harm to anyone walking in the area.
Third, you must also prove that the business or property had actual or constructive knowledge of the dangerous condition. Actual knowledge means that they knew about the hazard before your accident occurred. Constructive knowledge means that they should have known about the dangerous condition through:
- video surveillance;
- witness testimony;
- the color of the food (a dark-colored banana could mean it had been on the floor for long enough to oxidize);
- reasonable inspection;
- maintenance practices – is there a log book;
- how often did the owner check the floors;
- how do they clean the floors;
- what cleaning materials did the business owner use and are those products recommended or approved by the flooring manufacturer;
- employee testimony;
- previous incidents;
- inadequate or the lack of warning signs;
- building code violations; and
- weather conditions
Fourth, to win a slip and fall settlement you must show that the property owner failed to take reasonable steps to fix the hazardous condition despite knowing (or should have known) about it. This could include failing to clean up a spill, repairing broken flooring, or warning visitors of potential hazards.
Fifth, you must demonstrate that you suffered injuries as a result of the slip and fall accident.
If you can prove all 5 elements, then you should be able to win a slip-and-fall settlement and recover compensation for your medical expenses, lost wages, pain and suffering, and other economic and non-economic damages necessary to make you whole again.
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
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