Since the introduction of Florida Statute 768.0755 in 2010, slip-and-fall laws favor business owners, requiring plaintiffs to prove that the establishment should have been aware of the spill, states Alan C. Nash with the Marshall Dennehey firm. Without circumstantial evidence to support the claim, victims find it hard to win.Continue Reading
Under the previous statute, a slip-and-fall victim only needed to produce evidence of a transitory substance that caused an accident, explains the Tampa Bay Times. Florida law requires business owners to maintain safe conditions that are free of hazards and to warn guests of any potential dangers. With the slip-and-fall law, as of 2010, it's the responsibility of the injured party to prove that the property owner failed to fulfill his or her legal obligations.
The statute requires the injured person to show proof that the establishment knew or should have known about the hazard but failed to take care of it. Evidence that a situation existed for an extended period of time could make a case, as well as proof that a hazard was foreseeable, reports Jared Greenberg, P.A. Individuals have 4 years to file a slip-and-fall lawsuit.
Settlements from a slip-and-fall case vary in size and could include compensation for lost wages, medical costs, emotional distress and more, according to Attorneys.com.Learn more about Law