Slip and Falls

What does the law say about my slip and fall case?

Slip and fall incidents are a type of premises liability action which occurs after someone slips on a “foreign and fluid” liquid or object that ultimately causes injuries. Business owners and managers are required to keep their premises safe for customers and guests. Severe injuries can result from these types of cases. 

The State of Florida has a heightened burden of proof for these cases that require the specialized attention of a personal injury attorney.

§768.0755, Fla. Stat. requires that an injured party must prove:

Existence of a foreign & fluid substance; and
At-Fault party must have actual or constructive notice.

Actual notice means that the responsible party knew of the existence of the hazardous substance but failed to do anything to remove the hazard.

Meanwhile, constructive notice means that the responsible party “should have known” that there was a hazardous substance in their premises. Proof may come in the form of the duration of the substance’s existence. For example: CCTV footage shows that the substance was on the floor for several minutes before the injured party slipped on it.

Breach of Duty with Slip and Fall

Demonstrating that a property or business owner had “notice” is critical in establishing that the property or business had a duty and breached said duty when they failed to implement the proper safety protocols such as removing the hazardous conditions.

How to Prove a Slip and Fall

Generally, most slip and fall cases are litigated in court. An attorney should be prepared to utilize their entire arsenal when tackling these types of cases. Demanding the preservation of CCTV footage by means of a “spoilation of evidence” letter is paramount at the onset of a case.

Inspection of the site is also necessary. Attorneys should be prepared to secure said footage using a subpoena, discovery, or court order. Litigating a slip and fall case involves taking the depositions of employees, managers, corporate officers, and any witnesses to the fall, and breached said duty when they failed to implement the proper safety protocols such as removing the hazardous conditions.

Types of Damages Available to a Slip and Fall Victim

Similar to other types of personal injury cases, a slip and fall victim can expect compensation in the form of past future medical expenses, lost wages/income, loss of earning capacity, emotional distress, pain and suffering, punitive damages and more.

Your slip and fall case is in the best hands with the experts and 305 Injury. Carlos Dominguez is used to battling insurance companies over the elements previously mentioned. Call us for a free consultation – your case matters to us!

Seeking legal advice following a slip and fall accident can provide several crucial benefits. Firstly, consulting with a knowledgeable attorney ensures that your rights are protected and that you understand the legal options available to you. An experienced lawyer can evaluate the circumstances of your slip and fall incident, determining if negligence or unsafe conditions contributed to the accident.
They can then guide you through the process of gathering evidence, such as witness statements, photographs, and surveillance footage, to strengthen your case.
Legal counsel can also handle communications with insurance companies and property owners on your behalf, advocating for fair compensation to cover medical expenses, lost wages, and pain and suffering. Furthermore, having a skilled attorney by your side can increase the likelihood of a successful outcome, whether through negotiation or litigation, ultimately helping you achieve the justice and financial recovery you deserve.
Below you can find a link to my Florida Bar profile:
Slip and Fall