Proving Negligence in a Florida Slip and Fall Law Lawsuit

Suffering a slip and fall at a Florida establishment can lead to serious injuries. You might hit your head and suffer a traumatic brain injury. You might also hit your side and suffer a hip fracture. Even a broken wrist or a sprained ankle can put you out of commission for months — preventing you from earning a living. At the same time, you might be struggling to pay your medical bills. If you want to get compensated for these damages, you’ll need to prove negligence. But how exactly do you accomplish this?

What Are the Four Elements of Negligence?

If you want to prove that a property owner was negligent in allowing your slip and fall injury, you need to show that four elements are present:

• Duty of Care: First of all, you need to show that the property owner owed you a “duty of care.” This is easy, since property owners are always expected to ensure the safety of those on their premises.
• Breach of Duty: Next, you need to show that the property owner failed to exercise this duty of care. The most relevant example here is allowing a spill to form on their premises.
• Causation: In addition, you’ll need to show that this breach led directly to your injuries. In other words, your fall was caused by the spill — not some other factor.
• Injuries: Finally, you’ll need to show that you suffered legitimate injuries as a result of your fall. This is as easy as showing medical records, doctors’ notes, and medical images that provide details about your injuries.

How Long Should a Store Take to Clean Up a Spill?

A store should clean up a spill as soon as it becomes aware of the issue. For example, a staff member might spot a puddle of spilled milk at a grocery store aisle. They might then notify another staff member of the issue or take action themselves. But whatever they do, they cannot delay in taking action. Generally speaking, they are expected to proceed directly to the janitor’s closet, retrieve the cleaning supplies, and deal with the spill. If not, they should delegate this task to someone else.

Courts have debated the definition of a “reasonable” clean-up time. The general consensus seems to be that if the spill sits on the floor for more than 15 minutes, this constitutes negligence — and the property owner becomes liable for any resulting injuries.

Where Can I Find a Qualified, Experienced Slip and Fall Attorney in Fort Walton Beach?

If you’ve been searching for a qualified, experienced slip and fall attorney in Fort Walton Beach, look no further than the Browning Law Firm, P.A. Over the years, we have helped numerous injured plaintiffs — including those who have suffered serious harm in slip and fall accidents. With our assistance, you can strive for the best possible results and prove that property owner negligence led to your injuries. Book your consultation today to get started with an effective action plan.

Sources

1. https://www.forbes.com/advisor/legal/personal-injury/slip-and-fall-lawsuit/
2. https://www.forbes.com/advisor/homeowners-insurance/slip-fall-claims-rise/

Browning Law Firm, P.A.

418 Racetrack Rd NE, Ste B
Fort Walton Beach, FL 32547
850-344-1736

If you have further questions about this article or legal concerns, call 800-672-3103