Fort Lauderdale slip-and-fall attorney

According to a recent news report from the Florida Record, a woman has just filed a lawsuit against a major big box retailer for an alleged slip-and-fall accident. The incident listed in the complaint is alleged to have occurred in at a store in Orlando, Florida. The store manager and the corporation were listed as defendants in this Orlando personal injury lawsuit.

Specifically, plaintiff alleges she slipped and fell while shopping at the store. She further alleged she slipped on what she is calling a transitory foreign substance that was on the floor. The basis for negligence is that store employees, and ultimately store management, failed to clean up the transitory substance in a timely manner or place warning placards on the floor, and this is what caused her accident. Continue reading →

Proving liability in a Florida slip-and-fall case can sometimes be an uphill battle. That has largely to do with F.S. 768.0755, which requires plaintiffs who fell on transitory foreign substances to show defendant had actual or constructive knowledge of that the substance was there.

Absent a written memo or audio recording referencing that specific spill or video of a staffer walking by the spill, proving actual knowledge is very tough. The good news for plaintiffs is that constructive knowledge can be established by showing defendant should have known about the danger. This can be established by showing either that:

Condition existed for such a time that business establishment should have discovered it;
The condition occurred with regularity and was therefore foreseeable (due to the business’s “Mode of Operation”).

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