An ordinary day can change in a second. You could be walking through a grocery store, visiting a friend, or leaving a restaurant when suddenly, you slip, fall, and get hurt. A slip and fall accident can be embarrassing, painful, and costly. After the shock wears off, you might start to wonder, “Was this my fault, or was someone else to blame?” It’s a question we hear often at Consumer Law Attorneys.
If you suffered an injury at a business or on someone else’s property, you may have a legal claim. The area of law that covers these situations is called premises liability. This means that property owners have a responsibility to keep their property reasonably safe for visitors. When they fail to do so, they can be held responsible for the injuries that happen as a result.
The Property Owner’s Duty of Care
In Florida, property owners are not automatically responsible every time someone gets hurt on their property. To have a valid claim, you must show that the owner was negligent. Negligence means that the owner did not act with reasonable care.
The law says that property owners owe a “duty of care” to people they invite onto their property, like customers in a store. This duty includes two main things:
- To keep the property in a reasonably safe condition.
- To warn visitors of any dangerous conditions that the owner knows about or should know about.
For example, a grocery store has a duty to clean up spills promptly. A restaurant has a duty to make sure its entryway is not cluttered with tripping hazards. If they fail in this duty and it leads to an injury at a business, they may be liable.
Proving the Property Owner Was at Fault
Just because you fell doesn’t mean you automatically win a case. The most important part of a slip and fall claim is proving that the property owner knew, or should have known, about the dangerous condition that caused your fall. This is a specific requirement under Florida law for falls caused by a liquid or other substance on the floor of a business.
There are two ways to prove the owner knew about the danger:
1. Actual Knowledge
This is the most direct way. “Actual knowledge” means the property owner or their employees actually knew the hazard was there.
- Example: An employee sees a puddle of spilled milk on the floor but walks away to do something else instead of cleaning it up or putting out a “wet floor” sign. A few minutes later, you walk by, slip on the milk, and get hurt. In this case, the business had actual knowledge of the danger and did nothing about it.
2. Constructive Knowledge
In many cases, it’s hard to prove someone knew about a problem. This is where “constructive knowledge” comes in. Constructive knowledge means that the dangerous condition was there for so long that the property owner should have known about it if they were being careful.
- Example: A freezer in a supermarket has been leaking for several hours, creating a large, clear puddle of water on the floor. No employee has inspected that aisle. Because the puddle was there for a long time, the store should have discovered it through regular safety checks. The law says this is constructive knowledge.
- Another Example: A restaurant has a self-serve soda machine that is known to drip onto the floor. It happens every day. Because the problem happens so regularly, the business should expect it and take steps to prevent falls. This is another form of constructive knowledge.
A skilled slip and fall lawyer knows how to investigate a case to find evidence that proves either actual or constructive knowledge.
What to Do After a Slip and Fall Injury
The steps you take right after an injury at a business can be very important for your health and for any legal claim you may have later.
- Report the Accident: Tell a manager or the property owner what happened immediately. Make sure they create an official incident report and ask for a copy.
- Get Witness Information: If anyone saw you fall, ask for their name and phone number. What they saw could be very helpful.
- Seek Medical Attention: Go to a doctor or the emergency room as soon as you can. It’s important to get your injuries checked out. This also creates a medical record that connects your injuries to the fall.
- Be Careful What You Say: Avoid saying things like “I’m so clumsy” or “I’m okay.” Stick to the facts of what happened.
Why You Need an Experienced Slip and Fall Attorney
Slip and fall cases can be difficult to win. Business owners and their insurance companies often try to argue that the fall was your fault. They might say the danger was “open and obvious” and you should have seen it. They might even try to blame you for your own injuries.
This is why having a dedicated slip and fall lawyer on your side is so important. An experienced attorney knows how to fight back against these tactics. They can:
- Investigate your accident to gather evidence.
- Interview witnesses and get their statements.
- Request video surveillance footage from the business.
- Hire experts, if needed, to show that the property was unsafe.
- Handle all communications with the insurance company for you.
Falls are a serious public health issue. According to the National Safety Council (NSC), falls are one of the leading causes of unintentional injury-related death in the United States. The Centers for Disease Control and Prevention (CDC) also reports that millions of people are treated in emergency departments each year for fall injuries. This shows how important it is to hold property owners accountable for safety.
There’s a Time Limit to File Your Slip and Fall Claim
In Florida, you do not have forever to file a lawsuit for a personal injury. This time limit is called the “statute of limitations.” For most negligence cases, including slip and fall claims, the law says you must file your lawsuit within two years of the date of the accident. If you miss this deadline, you will lose your right to seek compensation forever.
Let Us Help You Get the Justice You Deserve
If you or a loved one has been hurt in a slip and fall accident, you shouldn’t have to carry the burden alone. At Consumer Law Attorneys, we are committed to fighting for the rights of injured people. We have the experience and dedication to stand up to big companies and their insurance carriers.
We understand that you are in a difficult situation, dealing with pain, medical bills, and lost wages. Let us handle the legal fight so you can focus on getting better.
Call Consumer Law Attorneys today for a FREE CONSULTATION. An experienced personal injury attorney will listen to what happened, explain your rights, and give you an honest opinion about your case. Contact us today to get the help you need.
