If you are injured in a slip and fall accident involving a substance, you have the burden of proving that the business owner had knowledge that the substance was there. In 2010, the Florida legislature enacted a statute that made it more difficult for the injured party to recover damages. Under Florida Statute §768.0755: (1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that: (a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (b) The condition occurred with regularity and was therefore foreseeable.
Proving that a business owner had actual or constructive knowledge of a dangerous condition can be very difficult. Injured parties are not in the best position to know how long a substance has been on the floor as they have not been at the business all day. Prior to Florida Statute §768.0755, evidence of an unsafe condition created the presumption that the property owner failed to keep the premises in a reasonably safe condition. Now, that presumption does not exist, and injured parties must offer evidence that the business owner was aware or should have been aware of the substance creating the dangerous condition.
At Tuttle Law, P.A., we understand the complex laws surrounding this topic and will guide you through the process of pursuing your claim. Call our office today at 772-571-4441 to schedule your free consultation.