Falls in grocery stores, restaurants, malls, and other types of businesses can have a devastating impact on victims. Customers shopping in a grocery store probably assume they will receive compensation if they fall and suffer injury. However, litigation of slip and fall accidents in Florida poses special challenges that make it important to seek legal representation from an experienced Miami personal injury lawyer. In this article, our attorneys review a recent case that demonstrates the special obstacles to proving liability in a Florida business.
The task of establishing the liability of a business for a fall involving a customer became more difficult because of changes in Florida law when F.S. 768.0755 was enacted. The law included the requirement that a plaintiff in a lawsuit involving a fall on a transitory foreign substance must prove the owner of the property/business had actual or constructive knowledge of the hazardous condition and that the owner/business failed to take adequate remedial action to protect the injury victim. Actual knowledge is self-explanatory, such as when the business/owner observes the hazard or receives a report from an employee. Constructive knowledge involves a more complicated factual analysis. The circumstances and facts must support a finding that the owner/business would have been aware of the hazard with the exercise of reasonable care. The most common way to prove constructive notice is to establish that the hazard has been present long enough that ordinary care should have led to its discovery or that the situation is so common the hazard was foreseeable. Continue reading →