Probably one of the most common misconceptions that clients or people calling the injury office has is that they believe they are owed money solely because they fell or were injured on someone’s property. The law is clear that there must be a showing of negligence before the landowner or occupier of a property is responsible.
Generally, premises liability law states that an owner or occupier of property is liable to the extent that it creates a hazard, or if it knew about or should have known about a hazard and failed to warn the invitees of the hazard. Obviously, if a business creates a hazardous condition (EX. leaves oil on floor which makes it slippery) and someone falls as a result of it, then liability may attach. Similarly, if a business knows about a hazardous condition but fails to warn about it, then again liability may attach. Lastly, if there is a hazardous condition, that has been there for a sufficient period of time that the business should have know about it, liability may attach.
In many of these cases, the substance that has caused the injured person to fall is a “transitory substance” that was not put there by the business. For example, a baby spills formula on the floor, or another patron spills some coffee or soda on the floor would be examples of transitory substances. These cases have become so common that the legislature has passed a specific statute dealing with these cases. Florida Statue states:
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a)() The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b)() The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case. (561) 489- 9199
