Articles Posted in Slip and Fall

Young woman falling on wet floor

Ever wonder how to win your Miami slip and fall injury case?

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similar transitory substances.  For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances.  For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”  Kenz v. Unicco, 116 So. 3d 461 (Fla. 3^rd DCA 2013).  In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.

Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.

To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.