Falls are the leading cause of non-fatality hospitalizations in the state of Florida. Under personal injury law, falls are classified under two main categories: Slip and Fall and Trip and Fall. Today, we’ll be addressing some details about slip and fall cases.
In Florida, there is a heavy burden of proof required for a plaintiff to be successful litigating a slip and fall case. The Florida Statutes require the injured party to prove that the defendant had knowledge of the dangerous condition and sufficient time to remedy the condition.
Of course, that presents a tactical challenge for an injured plaintiff because if the defendant had knowledge of the dangerous condition, a jury might wonder why the plaintiff failed to appreciate the danger too. In other words, the better a plaintiff’s attorney does in proving that a defendant knew about the danger, the greater risk there is that a jury will assign fault to the plaintiff for failing to watch where they were walking.
In order for your case to proceed to a verdict, your attorney must be able to prove that the defendant had knowledge of the condition which caused your injury. That can present challenges.
Call us if you want to discuss the unique facts of your slip and fall case.