Proving a Slip or Fall Hazard Existed

If you’ve been injured in a slip, trip, or fall accident on someone else’s property, it’s important to know that simply falling isn’t enough to secure compensation. Florida law requires that you illustrate that a hazard existed, and that the business owner or property manager either knew about the dangerous condition or should have known about it.

Establishing liability can be challenging, but with the right evidence, you can build a strong claim. You don’t have to go through the recovery process alone, lean on the expertise of a Boca Raton personal injury lawyer.

 Two Types of Notice to Consider

Business owners are legally obligated to maintain a safe environment for visitors and guests under FL premises liability rules. This includes identifying and addressing any hazards that could lead to accidents, like spills, loose flooring, or uneven surfaces.

To hold a business owner accountable for injuries after a slip and fall, you must show that the hazard existed, posed a danger, and that they knew or should have known about the risk and failed to address it. This is often referred to as notice. There are two types of notice to keep in mind.

• Actual notice. This occurs when the business is directly aware of the hazard. For example, if an employee was told by a customer that there was a spill on the floor but did nothing to clean it up, this would be actual notice. Or if the business owner or staff witnessed the hazard firsthand and ignored it, actual notice can be proven.
• Constructive notice. In many cases, a business may not have direct knowledge of a hazard, but they should have known about it. Constructive notice can be established if the hazardous condition existed for a long enough period that the owner or employees should have noticed and addressed it. So, if a spill had been on the floor for hours without being cleaned or marked with a warning sign, the business may be liable because a reasonable inspection would have revealed the danger.

Depending on the situation, there are a range of ways to gather evidence.

Witness Statements, Surveillance Footage, and Maintenance Records

Taking pictures or videos of the accident scene can be crucial in proving that a hazard existed. Connecting with eyewitnesses, requesting security camera footage, and accessing maintenance records to demonstrate negligence on the part of the property owner is helpful too.

A Boca Raton personal injury lawyer will gather evidence such as visual documentation, maintenance logs, and witness statements to show that the business owner was aware of the hazard. Next, they will negotiate with insurance companies on your behalf.

Can you prove that your injury is directly related to a business owner’s negligence? With the right evidence and legal support, you can hold property owners accountable and pursue the compensation you need to recover from your injuries. Talk to the attorneys at Leifer & Ramirez after sustaining an injury in a Delray Beach, Deerfield Beach, or Pompano Beach business. Call 561-660-9421 today for legal support.