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What needs to be shown to prove a slip and fall case

On Behalf of | Oct 1, 2020 | Premises Liability |

People go to stores and other businesses in Florida for many different reasons. People may go to the grocery store, convenience stores, department stores, hardware stores, auto part stores, restaurants and many other businesses. When they go to these various places, they tend to think about what they need to get and usually they purchase what they need and leave.

However, there are some instances when people are involved in an accident and suffer injuries as a result. Most accidents that occur while people are shopping are referred to as slip-and-fall accidents since they often times occur because of something on the floor which causes people to fall. These may not always seem like the most serious accidents, but people can suffer significant injuries as a result that have a lasting impact on their lives.

Elements of a slip-and-fall lawsuit

People who are the victims of these accidents may be able to receive compensation for the economic loss they suffered as a result as well as other damages. In order to receive this compensation though, they may need to file a lawsuit.

In order to be successful the victim must be able to prove that they were injured by a dangerous condition within the store and that the owner and/or employees had constructive knowledge of the dangerous condition and did not remedy it. This can be proved by circumstantial evidence if 1) the dangerous condition was there for a long enough period of time that they should have known about it or 2) there is evidence that this dangerous condition had occurred before and it was foreseeable that it would occur again.

There are many different types of stores in Florida and there are many different dangerous conditions that may exist within them. Store owners are not required to necessarily prevent every possible dangerous condition from happening, but once a dangerous condition forms, they do have a duty to ensure the customers are not hurt by it. These can be very fact-specific cases and victims may benefit from consulting with experienced attorneys.

Board Certified Civil Trial Lawyer

Dana Watts is a board certified civil trial lawyer by the Florida Bar Board of Legal Specialization with more than 30 years of litigation experience. He also received an AV* peer review rating through Martindale-Hubbell.

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Dana J. Watts Attorney at Law

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