Palm Beach slip and fall lawyer

Most people assume that Florida slip-and-fall lawsuits are fairly straightforward. However, as our Palm Beach injury lawyers can explain, the truth of the matter is that South Florida slip-and-fall claims, which involve an area of law called premises liability, can quickly become quite complicated.

Some of the factors that are going to come into play as to how thorny a case can get: Palm Beach injury lawyer

How long did the hazard existed in the area where you fell (or how long you can prove it was there)?
Was the hazard something that occurred regularly at that location?
Who was responsible for maintaining safe walking surfaces at that location? (Were there multiple responsible parties?)
How open/obvious was the hazard that caused the fall?
What was your purpose on site? (Were you a business invitee? A social invitee? A trespasser? All of this will matter in a Florida premises liability claim.)
How badly were you hurt? Did you incur medical bills? Did the injury leave you unable to work for a time?

All of this is going to factor into the viability and value of your Florida slip-and-fall claim and how much it’s worth. This is why you’ll want to discuss your case with an injury lawyer.

That said, here are five questions that we’re frequently asked when approached about a Palm Beach slip-and-fall injury claim: Continue reading

In every negligence lawsuit in Florida, there are four basic elements plaintiffs need to prove: Defendant owed plaintiff a duty of care, defendant breached that duty, the breach caused plaintiff’s injuries and plaintiff suffered monetary damages (medical bills, lost wages, etc.) as a result. Slip-and-fall lawsuits in Florida, however, are a bit trickier, thanks to a 2010 legislative update that enacted F.S. 768.055. This provision refers specifically to premises liability cases wherein there is a “transitory foreign substance” (something slippery that isn’t normally there) on the floor of a business establishment. slip-and-fall

This statute modifies the business’s duties when invitees are hurt by transitory foreign substances. It shifts the burden of proof in constructive knowledge negligence actions fully on the plaintiff. More specifically, the proof of the “breach” element here is statutorily constrained to those cases wherein plaintiffs can prove either actual or constructive knowledge on the part of the business owner.

What does this mean? Essentially, it is not enough that you were invited onto the site for the benefit of the business and encountered a dangerous condition that resulted in an injury. What you are also responsible to prove is that the store either had “actual knowledge” (the business/ its agents created the dangerous condition or was specifically informed about it) or “constructive knowledge.” Constructive knowledge is a bit trickier. It means the business knew or should have known about the condition because either it existed for a certain period of time during which the business – in the course of using ordinary care – should have discovered it OR it was a condition that occurred with regularity so the business should have foreseen it. Continue reading

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