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Everything You Need to Know about Slip & Falls

Slip and Fall

3 minute read

Introduction

Slip and falls occur every day. The type of category of law that a slip and fall is under, is personal injury. And in the State of Florida, the statute of limitations on a slip and fall is four years because it falls under the personal injury statute.[1] The form of law that is most commonly discussed and litigated in slip and fall personal injuries is premise liability. The premise liability of the company, grocery store, or simply place of business, is the responsibility of the property owner and or the employees that work there. Hazards occur all of the time, especially in the State of Florida where we have such downpours of rain on a regular basis. For example, if a company, such as a grocery store, sees rainwater on the entryway of the floor, they would be responsible for mopping it up and then placing a sign to provide notice for anyone that may come across the slick spot. This is the textbook example of a slip and fall scenario.

Injury Criteria

You must have suffered a slip and fall and be able to prove the following in the State of Florida: that the property owner somehow was negligent in their failure to observe the slick spot on the floor or a hazard that caused the slick spot on the floor, and that spot indeed did cause the actual injury that occurred to the person who slipped. In order to prove this, you must have some form of evidence. This can come often in the form of video surveillance if it is in such a case as a grocery store. It can also come by way of eyewitnesses who witness the fall themselves and see the injury and may even attempt to aid the person that has fallen. Other forms of evidence include written documentation, such as a report by a grocery store or place of business that would indicate where and how the injury occurred, and what happened with the potential claimant.

Process of Law

One of the most important aspects of the process of a slip and fall is regarding the knowledge of the hazardous area. This is the first portion of the process that occurs after a report has been made regarding the incident. The knowledge or notice of a business, or even a private citizen at their home, is the most important aspect of the process in filing a slip and fall claim. The issue is whether the business or person knew or had a reason to know that an area would create such a hazard based on the conditions that lead to the slip and fall. Typically, negligence is the applicable claim, in addition to premise liability, when dealing with slip and falls because of the lack of duty of care by the property owner. To be successful in filing a slip and fall claim, the claimant must show that the property owner owed the claimant a duty of care and that that duty of care was breached by the negligence of the property owner to not take the necessary precautions of the hazardous area for the protection of the person that was injured. Additionally, Florida requires that the property owner knew or should have known that there was a dangerous condition that could pose a safety concern.[2] There are two types of ways for proving the type of knowledge that is required for this type of claim: actual and constructive knowledge. Actual knowledge is actually knowing that a hazardous condition could lead to a slip and fall. Constructive knowledge is where someone might tell the property owner by a third party that there is a hazardous condition that could lead to a slip and fall.

Orlando Accident Attorney

Here at the Orlando Accident Attorney, we litigate personal injury claims. Slip and fall cases are included in the category of personal injury claims. Because the process is so nuanced, and because of the different types of conditions associated with slip and falls regarding mitigating factors such as comparative negligence, it is imperative that you contact a professional to handle your claim. If you or a loved one have been injured in a slip and fall, please give us a call here at the Orlando Accident Attorney at 407-706-3909.

Date: May 9, 2022

Author: Brandon Salter, Esq.


[1]  https://www.statutes-of-limitations.com/state/florida/

[2] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.0755.html