Slip and Fall / Trip and Fall Accidents

Slip and fall and trip and fall accidents are some of the most common types of premises liability claims in Florida. They can happen anywhere - from grocery stores and shopping malls to private homes and public sidewalks. Understanding how these claims work can help you navigate the legal process if you've been injured in such an accident.

What is the Difference Between a Slip and Fall and a Trip and Fall?

These two type of premises liability claim are very similar, and legally there is no distinction between them regarding what needs to be proven or how they're compensated, and the elements that must be proven are essentially the same as what was described in our page on Premises Liability.  The only real purpose for using different terms is because lawyers like to be specific about what exactly happened.

• Slip and Fall: These accidents occur when someone slips on a surface due to a hazard like water, oil, ice, or any other slippery substance.

• Trip and Fall: These accidents happen when someone trips over an object or uneven surface, such as a loose rug, a raised sidewalk, or clutter on the floor.

Common Causes of Slip and Fall and Trip and Fall Accidents

• Wet or Slippery Floors: Spills, leaks, or recently cleaned floors without proper warning signs can cause slips.

• Uneven Surfaces: Cracked sidewalks, potholes, or uneven flooring can lead to trips.

• Clutter and Debris: Items left in walkways can create tripping hazards.

• Poor Lighting: Insufficient lighting can make it difficult to see and avoid hazards.

How the "Notice" Issue Affects Fall Claims in Florida

If you've ever been injured as part of a slip or trip incident, you've probably heard used the term "notice" used in an unfamiliar context. It has to do with part of the way, and requirements of proof, relating to how injury lawyers prove negligence in some cases where a person was injured as a result of a fall.

The "notice issue primarily affects cases that take place at a business.  Florida has a law that applies when you are injured at a business's property because you fell because there was a "foreign transitory substance", which in plain English basically refers to something on the property that shouldn't be there, like a liquid, trash or debris, or something else like food or a product a business has available for sale.  The law can be access at  Fla. Stat. 768.0755, or described here below:

(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.

This law was created as a way for businesses to avoid liability by creating an additional hurdle for injured people to prove liability - that the business had "notice" of the substance that caused an injured person to fall.  Although we all think we know what "notice" means, the law does not require proof that the business actually knew about the dangerous condition on their property, although proof of that certainly helps any premises liability case.  Proof of "notice" can be shown by an injured person through proof of "constructive notice" which is an often-disputed issue that essentially boils down to the question of whether the property owner should have known of the dangerous condition.  Alternatively, proof that the dangerous condition was a foreseeable or regularly occurring issue will also satisfy the "notice" requirement, even if the property owner claims they didn't know about it.

This "notice" requirement is especially punitive towards injured people because when you are seriously injured, the last thing you are thinking about is how to go about gathering evidence show that the business knew or should have known about its negligence.  Furthermore, almost no one even knows about this requirement!

Fortunately for those who are injured at a business, an experienced injury lawyer can gather evidence, and potentially prove notice by the Defendant by getting witness statements and obtain physical evidence like video footage or photographs from the Defendant, among other things.  Often times, a lawsuit will need to be filed in order for an attorney to obtain these pieces of evidence, and most injured people find doing this on their own to be too complicated and difficult.  This is why its so important to contact a skilled injury lawyer as early as possible after an injury.

How Do I Hire an Injury Attorney to Help Me After Being Injured in a Fall?

Thankfully, this part is easy.  Call G. Reynolds Legal as soon as possible after a fall injury, or fill out our contact form below and we will contact you very soon!