Articles Tagged with Florida slip and fall attorney

Florida slip-and-fall lawsuits are not easy to win – especially since the state modified F.S. 768.0755, requiring plaintiffs to prove actual or constructive knowledge of the dangerous condition that led to the accident. But as a recent $8 million Florida slip-and-fall verdict proves, prevailing isn’t impossible. Florida slip-and-fall lawyer Palm Beach

According to media reports, the 48-year-old patron was in the bathroom at the rear of a Hollywood fast food restaurant in 2019 when he slipped and fell on a wet, foreign substance on the floor. The fall caused him to suffer serious injuries to his back, which required surgery. Then after undergoing surgery, he suffered a colon perforation. Not only were his medical bills sky-high, but he was forced to leave the workforce, walking away from a career that had been a major part of his personal identity.

He was awarded $7.8 million in damages, which includes compensation for medical expenses and lost earnings. The defendant in the case, a franchise owner, has filed a motion for a new trial, alleging there was no real evidence that the management team at the restaurant had been told or should have known about the slippery conditions on the bathroom floor.

What Exactly Must Be Proven in a Florida Slip-and-Fall Case?

In order to win a Florida slip-and-fall lawsuit, the person who is injured (or their surviving loved ones) must establish: Continue reading

Several years ago, changes to Florida’s slip-and-fall law made it more difficult for plaintiffs to win such cases. But as a recent six-figure verdict revealed, they continue to be worth pursuing, particularly when injuries are serious and your lawyer is experienced. Palm Beach slip and fall lawyer

“Successful Florida slip-and-fall cases are those that involve injuries that were clearly preventable,” said West Palm Beach Injury Lawyer Ryan Fogg. “Often times, corporations will create safety rules to prevent accidents like these. But if the management and staff fails to follow through and abide by those rules, serious injuries can result, and the corporation can be held accountable.”

Florida’s slip-and-fall statute is F.S. 768.0755. It refers to “premises liability for transitory foreign substances in a business establishment.” This is just a fancy way of saying legal responsibility for a slippery substance on the floor of a business that’s open to the public. In order to prevail in these cases, one must prove the property owner/controller had either actual or constructive knowledge of the dangerous condition that caused the fall. Actual knowledge would be if the property owner created the condition or was clearly informed about its existence. Constructive knowledge can be established when the condition:

  • Existed for a substantial enough length of time that the business would/should have discovered it in the exercise of ordinary care.
  • Occurred with regularity, and thus was foreseeable.

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