Slip and Fall Premises Liability Cases

Sometimes people are injured on someone else’s property because they slip, trip, and fall. The property owner owes specific duties to the people that enter his property and many times the injured person can recover monetary damages from the property owner to pay for pain and suffering, lost wages, and medical expenses. Although these types of claims are negligence claims, they are a special type of negligence claim that falls into the category of Premises Liability. The Florida Legislature has enacted specific statutes that impact the rights of the injured in Premises Liability cases that involve slip and fall type claims relating to business establishments.

Changes In Florida Personal Injury Law

On April 14, 2010, Florida Governor Charlie Crist signed into law a new statute (Florida Statute section 768.0755) that will raise the burden of production, and perhaps proof, for the injured to win lawsuits against businesses in a slip and fall case. Prior to this new law, the Florida Supreme Court ruled that the injured person need not show that the business had actual or constructive notice of a dangerous condition on the property, but only needed to show the existence of a transitory substance (something that did not belong on the floor) to show that the business did not keep the property in a safe condition. The new law requires that the business had actual or constructive knowledge of the transitory substance to show that the business kept the property in an unsafe condition. This new law only helps businesses and property owners by making it much tougher for the injured person to bring their case to a jury. However, if you are injured on property owned by a business, it does not mean that it is an insurmountable task to win your lawsuit; it does mean, however, that it will require another layer of evidence to prevail. The new statute does not include any language to indicate that it is retroactive, so incidents that occurred prior to July 1, 2010 should still be able to take advantage of previous law. This new statutory requirement adds to the complexity of an already complex area of law, which already requires that the injured person sort through the possible entities that are in control of the property and then to negotiate with the insurance carriers to find insurance coverage for the injuries.

Time Limit For Filing A Claim

One final note, if you have suffered a slip, trip, and fall that has led to an injury; you typically have four  years from the date of the incident to bring your claim in Court. However, many claims must be made sooner because often insurance policies require that the claim be made sooner or the insurance company will deny coverage. If you have a situation requiring legal representation for injuries due to the negligence of others, get your no-obligation, free case evaluation or contact Corless Zinober FL personal injury lawyers at 866-969-2889.