Under Florida law, you may have the right to file a personal injury lawsuit if you slip and fall in a business establishment. However, the business’s liability for a slip and fall accident depends on Florida’s Transitory Substance Act. Under this statute, someone who slips and falls at a business establishment because of a temporary hazard must prove that the establishment had actual or constructive knowledge of the hazard and an opportunity to remedy it.
The protections this law affords property owners are why it’s critical for slip-and-fall victims to get legal support. An experienced personal injury lawyer can prove a business’s constructive knowledge of a transitory substance through circumstantial evidence.
What Is a Transitory Substance?
A “transitory substance” refers to any liquid or solid substance in a location where it doesn’t belong. For example, a transitory substance may include soap that has leaked from a dispenser, water from a bottle that has fallen off a shelf or table, or food that has fallen from a display onto the floor.
How Do You Establish Fault?
Florida law requires a slip and fall accident victim seeking to hold the owner or operator of the business where their accident occurred liable to prove several elements when their fall occurs due to a transitory substance. A slip-and-fall victim must prove that a business establishment had actual or constructive knowledge of the transitory substance that caused their fall. Actual knowledge means the business establishment (through its owners, managers, or employees) saw or received a report about the transitory substance.
However, a business establishment could have constructive knowledge of a transitory substance when it should have learned about it through reasonable diligence. A slip-and-fall accident victim can prove constructive knowledge through circumstantial evidence such as:
- The transitory substance existed for long enough that the business establishment should have discovered it by exercising ordinary care
- The transitory substance occurred regularly, and therefore, the establishment should have foreseen its presence
Steps to Take After a Slip and Fall Injury
Actions you can take to protect your legal rights and options after a slip and fall at a business include:
- Take photos of the substance that caused you to slip and fall and the area surrounding where you fell.
- Report the accident to the business (whether to an employee or manager) as soon as possible. Ask the business to preserve any surveillance footage of the area where you fell and for a copy of any accident/incident report.
- Seek immediate medical attention to check for injuries you suffered in the fall and follow your doctor’s treatment plan and recovery instructions.
Finally, contact a slip and fall accident lawyer as soon as possible to discuss the potential for holding the business accountable for your fall and injuries.
Call a Premises Liability Lawyer at Cardoso Law PLLC For Help
If you recently slipped and fell on someone else’s property, you need experienced legal counsel from a premises liability lawyer to help you seek financial recovery under the Florida premises liability statute. Contact Cardoso Law, PLLC today for a free, no-obligation consultation to understand your rights and options under the Florida slip and fall statute.
