Slip and fall accidents are some of the most common personal injury claims. However, these cases can be difficult to prove liability. Plaintiffs must show that the property owner failed to maintain reasonably safe conditions and had actual or constructive knowledge of the dangerous condition. This article will examine the key legal challenges in establishing fault in Florida slip and fall claims.
Proving the Existence of a Hazardous Condition
The first major hurdle in a slip and fall case is proving that a dangerous condition actually existed on the defendant’s premises. Examples of hazardous conditions include:
- Wet or greasy floors
- Potholes or broken pavement
- Cluttered walkways
- Poor lighting
- Loose carpeting or floor tiles
- Slippery substances like water or oil spills
Plaintiffs typically rely on their own testimony to prove the existence of the condition. However, defendants often argue the fall was caused by the plaintiff’s own clumsiness or inattentiveness. Supporting evidence like photographs, videos, and witness statements can strengthen the plaintiff’s case.
Other evidence may include maintenance records showing a recurring problem or expert testimony on hazards associated with the flooring type or condition. Meticulously documenting the scene and preserving key evidence is critical.
Establishing the Defendant’s Actual or Constructive Knowledge
Even if the plaintiff proves a hazardous condition existed, they must also show the property owner knew or should have known about the risk. This is called establishing actual or constructive knowledge.
Defendants are not expected to be everywhere at once. But if they created the dangerous condition or received complaints, they may be found to have actual knowledge. For example, if store employees were aware of a spill but failed to clean it up promptly, this helps prove actual notice.
Plaintiffs can try to prove constructive knowledge by showing:
- The condition existed long enough that the owner should have discovered it through reasonable inspections.
- The owner failed to conduct inspections with sufficient frequency.
- The type of hazard occurred repeatedly and should have been foreseeable.
- There were no policies or inadequate policies for mitigating known risks.
If there is no evidence the owner knew about the specific hazard, or that the premises contained general conditions likely to cause falls, the plaintiff will likely lose.
Overcoming Arguments the Plaintiff Was at Fault
Defense attorneys often argue the plaintiff was fully or partially at fault for their fall by claiming the plaintiff:
- Was not paying attention or was distracted
- Ignored obvious hazards that a reasonable person would have noticed
- Was under the influence of drugs or alcohol
- Violated posted rules or warnings
- Had a pre-existing physical or mental condition that caused or contributed to the fall
The plaintiff must try to overcome these arguments by showing they acted with reasonable care under the totality of circumstances. Any comparative negligence proven by the defense can reduce the plaintiff’s ability to recover damages.
Plaintiffs may need to address health conditions, familiarity with the property, footwear, weather, lighting, crowds, compliance with warnings, and other case-specific factors. Witnesses and medical records can help dispute unfair allegations.
Navigating Complex Property Boundaries and Ownership
Figuring out the right defendant can also pose challenges. For example, a person might slip in a common area of a shopping plaza, requiring investigation into which entity controlled that area. Or the fall could occur in a location where a tenant and landlord share responsibility for conditions.
Identifying all potentially liable parties is key. Lawyers may need to litigate complex issues like control, possession, contractual duties, and obligation to keep the premises reasonably safe. Naming the improper defendant can sink the case.
Meeting Strict Requirements for Government Claims
Suing a government entity like a city, county, or school board for a slip and fall injury involves extra requirements under Florida’s sovereign immunity laws. Potential plaintiffs must provide written notice to the government within a strict timeframe, generally just a few months.
The notice must contain specifics about the time, location and circumstances of the incident. Not properly complying with these notice prerequisites can completely bar the claim, even if the plaintiff has a strong case on the merits.
Consulting an Experienced Personal Injury Attorney
As this article illustrates, building a strong slip and fall case requires navigating complex liability rules, evidence issues, and case strategies. An experienced Florida personal injury lawyer can evaluate your case for free and help protect your right to maximum compensation.
Visit our office at 422 Jacksonville Dr. Suite B, Jacksonville Beach, FL 32250.
Or call us today for a free consultation on (904) 587-4446.
