Premises Liability and Florida Law
Under Florida law, if you slip and fall on a spill or substance on the floor of a business and suffer injuries, you may be able to bring a personal injury claim against that business. As a general rule, all businesses have a duty to be responsible for the safety of visitors who enter them. Negligent behavior by the business or its employees may cause conditions that result in injuries to others. In some cases, the injured visitor then can make a claim for damages because the business is liable under premises liability laws. Not all premises liability claims are easy to prove, and cases involving only minor injuries may not be cost-effective to pursue. However, with the assistance of an experienced Florida personal injury attorney, you may be able to recover any compensation to which you are entitled.
Common Premises Liability Claims
Of course, not all premises liability claims involve a slip on a substance on a floor. Other types of slip and fall or trip and fall cases have resulted from dark areas due to inadequate or burnt out lighting, dropped items on floors causing obstructions, broken handrails on stairs, and improperly stacked or displayed items on store shelves. One of the most common types of premises liability claims, though, remains the slippery floors or spilled substances that cause visitors to a business to fall.
Proving a Premises Liability Claim
There are certain elements that you must prove in order to be entitled to compensation from the business in this situation. In many cases, these elements can be difficult to prove. One of the more difficult elements of a premises liability claim to prove is that the business was aware of the dangerous condition on its premises and failed to remedy the situation. Proving actual knowledge, however, is often difficult. Finding a witness to actually state that he or she knew about a spill and had intended to clean it up is not likely. However, you can use the concept of constructive knowledge to prove that the store should have known about the spill. You can use circumstantial evidence to prove constructive knowledge, such as evidence showing that the spill was on the floor for at least ten hours, so that the store should have known the spill was there. For example, video surveillance from the store may show how long the spill remained before the fall occurred.
Call Your Kissimmee Accident Attorneys Today
Whether you slip and fall on a spill on a store floor or outside a business with a slick sidewalk, serious injuries can result. We know that you are likely to be experiencing a fair amount of pain, financial pressures, and general stress in your situation. Our goal is to alleviate some of your worries by handling the legal aspects of your injuries. If a person or business acted negligently in creating the condition that caused you to fall and suffer injuries, you may have a claim for compensation for those injuries. Allow us to investigate the circumstances surrounding your case, evaluate your case, and pursue any personal injury claims that may be available to you. Call our Kissimmee office to schedule an appointment with our attorneys at the Salazar & Kelly Law Group, P.A. right away, and learn how we can help.
