Premises Liability In Pensacola Slip And Fall Claims
It is the responsibility of all property owners to keep their land and anything on it safe for any potential guests. If something is dangerous on the premises, it must be clearly marked to avoid a lawsuit if someone comes to harm because of it. However, in most cases (except trespassing), if someone is injured on a property because of a hazard that could be prevented, it is the fault of the land-owner. In the case of someone slipping and falling in a store because of a slippery substance on the floor, it is the fault of the store-owner even if the person who slipped should have seen the substance. This is known as premises liability by Florida law.
Florida Law Regarding Premises Liability
Florida Statute 768.0755 is titled “Premises liability for transitory foreign substances in a business establishment.”. Here are the provisions of FS 768.0755, in its entirety:
- 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:
- 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
- The condition occurred with regularity and was therefore foreseeable.
- This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
In short, if you fall on a substance on the floor, you must prove that the business knew or reasonably should have know about the danger and should have taken action to fix it. “Constructive knowledge” is the part where the business should have known about the condition, or that the business should have expected the condition because it happened before.
What You Should Do After A Slip And Fall Accident
If you are involved in a slip and fall accident or other injury on public property, get the names, addresses and telephone numbers of anybody who witnessed the accident. Document any statements made by any employees that could be used later (such as, “I should have cleaned that up.”), discover why the accident occurred and report it to the manager. Take pictures of whatever it was that caused you to slip, because it can be used for evidence later. If possible, get a report of the incident from the manager and seek medical attention immediately. You should then hire a personal injury attorney to begin the process of making a claim against the store or other property that was not kept up to the safety standard required by law.
Negligent Security Regarding Slip And Fall Accidents
Another type of premises liability is negligent security. Stores, apartment houses and other owners of public property are responsible for the actions of criminals if they were aware of a criminal threat. There are many ways that landlords can be at fault for negligent security, including failure to perform background checks on employees and tenants that could potentially cause a security threat, failure to inform tenants of possible security problems, failure to follow security guidelines, failure to inform law enforcement about criminal activity, failure to enhance security when needed, failure to regularly review safety precautions and allowing advertisement about the business to exaggerate the level of security.
Speak With An Experienced Slip And Fall Attorney
If you or a loved one was injured on someone else’s property, you must be able to prove that gross misconduct or negligent security was the cause of the accident. In most cases, the property owner will be held responsible for any physical injury, medical costs that result from that injury, as well as time missed from work. Our experienced slip and fall attorney can help ensure you receive the proper settlement. Contact us online or call us directly at 850-308-7833 to discuss your premises liability claim.