Slip and Fall Claim Limitations

Whether they occur in a grocery store, a mall, a gas station, a restaurant, or another public place, slip and fall accidents can cause devastating injuries. Fortunately, because these types of establishments have a legal duty to keep their premises reasonably safe for visitors and to warn of any unsafe conditions, at-fault entities can be held liable for failing to do so. However, filing these claims can be difficult, as it requires compliance with a series of rules regarding the submission of evidence and filing deadlines. To ensure that your own slip and fall claim is not dismissed for a failure to adhere to these procedures, please contact one of our Fort Lauderdale slip and fall attorneys today.

Limited Liability

Although Florida law does require business owners to take certain steps to ensure that their premises are safe for visitors, it also limits liability in some cases. For instance, when a fall is caused by the existence of a transitory foreign substance, usually a spill, a plaintiff can only recover damages if he or she can prove that the business knew or should have known that the substance was present before the accident occurred. This can be achieved by providing evidence demonstrating that:

• The dangerous condition existed for such a length of time, that if a business had been exercising ordinary care, it would have been aware of the condition; or
• The condition occurred on a regular basis and so was foreseeable.

Fulfilling these elements requires injured parties to provide strong evidence supporting their claim, which may also necessitate the following:

• Notifying store employees of the accident and requesting a copy of the incident report;
• Taking pictures of the area where they fell before the substance is cleaned up;
• Recording the names of any contact information of any witnesses who saw the accident occur;
• Providing copies of their medical records and diagnoses; and
• Requesting copies of other incident reports made by the company in the last year.

Taking these steps is often critical when it comes to providing proof of actual or constructive notice. Unfortunately, completing these tasks and fulling these proof requirements can make it much harder for an injured party to prove that a business breached its duty of care, especially when the business itself is refusing to provide copies of important documentation. For this reason, it is critical for those who are injured in slip and fall accidents, to speak with an experienced premises liability attorney who can help them collect and present necessary evidence and so become eligible to recover damages compensating them for medical bills, property damage, lost wages, and pain and suffering.

Contact a Member of Our Premises Liability Legal Team Today

If you slipped and fell while visiting a business and you believe that the owner’s negligence caused or contributed to the injury, please contact Boone & Davis at 954-566-9919 today to schedule a free consultation with an experienced and compassionate premises liability attorney who can evaluate your case and explain your legal options.