If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it – Florida Statute
When on the premises of others, you might suffer a fall because of worn flooring, improper maintenance or a spilled drink that no one cleaned up. Slip and fall accidents are dangerous and sometimes life threatening. Broken bones, head and back injuries are common.
If you are injured in a fall, it is important to speak with an attorney concerning a possible cause of action for compensation from the business where you were injured. Recent changes in Florida law have made achieving compensation for a slip and fall more difficult.
In the past decade, Florida law and legislative action has gone back and forth defining the standard of proof for slip and fall cases in our state. Until recently, business owners and proprietors, the defendants in slip and fall cases, had the burden of proving they provided reasonably safe premises. In an opinion handed down in a slip and fall case in April of this year, the Third District Court of Appeal ruled current law applies to cases that arose prior to the July 2010 effective date of that law.
The 2010 legislative language calls for plaintiffs to prove that a business establishment had knowledge of the dangerous condition that caused their fall. This shifts the burden of proof to the plaintiff for all pending slip and fall cases, even those that occurred prior to the effective date of the current statute.
Slip and fall injuries can be serious and legal actions following a bad fall are not simple. If you are injured on the premises of another, seek seasoned legal counsel.