Florida Slip & Fall Attorney

In Florida, it isn't enough that a property owner controlled their property, breached a duty owed to someone on their premises, and that breach caused the victim's injuries. Florida law requires that the property owner also has notice of the hazard or dangerous condition on the property. With the help of a Florida slip and fall lawyer, injured victims can show the property owner either actually knew or had constructive notice of the dangerous conditions.

Actual notice can be difficult to find because it requires evidence that the defendant knew firsthand of the hazard and the danger it posed. Constructive notice, on the other hand, can be found through evidence showing that a reasonable property owner should have discovered or become aware of the hazard. Photos or videos showing how long the dangerous conditions existed or that they happened frequently become crucial evidence.

Florida is home to attractions throughout the state, from beaches to amusement parks, to cities bursting with energy. Given the density of amusement parks and beaches, there's an increased risk of slip and fall injuries in Florida, as wet conditions and crowded areas can lead to these falls. When visitors enter places like amusement parks, the law considers them "invitees," the type of visitor that property owners owe the highest duty of care towards.

Property owners must make a reasonable inspection of their premises to find hazards and must notify invitees of any they find. At many amusement parks, this hazard could be wet conditions from rides or spills. Florida Statutes Section 768.0755 requires the injured victim to prove that the business establishment actually knew of the dangerous condition or had constructive knowledge of it.

A victim can prove the establishment knew because the condition existed for such a long time that ordinary care would have made it known to them. Or, they can show they knew because the dangerous conditions occurred with such regularity that the danger it posed was foreseeable. For example, a ride where water often splashes onto the sidewalk beside it might create a foreseeable hazard.

If an injured victim slips and falls on government property, a different statute of limitations applies. Instead of the usual two-year statute of limitations, Florida Statutes Section 768.28 creates a three-year period. Before beginning a suit, an injured victim must present their claim to the relevant department and the Department of Financial Services. If they do not offer to pay for the injuries in those six months, a suit may be brought.

Additionally, the state and its agencies limit their liability in these claims. For a single individual, the maximum compensation the state will pay is $200,000 for injuries when the total claims related to the same incident exceed $300,000. Contact a Florida slip and fall attorney with experience navigating claims against government agencies to ensure your rights are protected.

Property owners are responsible for maintaining a safe environment for visitors, tenants, and customers.

A breach occurs when the property owner fails to address or warn visitors about hazardous conditions on their premises. To prove this, we may gather evidence such as maintenance records, witness statements, and photographs of the accident scene.

We must prove that the hazardous condition directly led to your accident and resulting injuries. We can demonstrate this by gathering evidence, such as surveillance footage.

Medical bills, lost wages, and pain and suffering are all examples of compensable damages in slip and fall cases. Evidence for this includes medical records, pay stubs, and testimony from medical experts.