Florida’s premises liability law (F.S. §768.0755), which governs slip and fall accidents, allows people who have been injured from slipping, tripping, or falling to sue for damages. But, the statute also requires the injured party to prove that the owner or business was negligent and liable. Proving negligence requires you to show that the business or property owner had actual knowledge or constructive knowledge of the dangerous condition. Since businesses will likely take steps to fix a hazardous condition that they actively know about, most slip and fall cases rely on proving constructive knowledge.
Constructive knowledge means that the business should have known about the dangerous condition. You or your lawyer can prove constructive knowledge by showing that:
- The dangerous condition existed for long enough that the business would’ve known of the condition had it been exercising ordinary care, or
- The dangerous condition occurred regularly and was foreseeable.
After an accident, a business will immediately fix the hazard so that no other patrons are injured. So, documenting your surroundings after a slip and fall accident is critical to ensuring a provable and winable case.