In any civil action for negligence involving loss, injury, or damage to an invitee as a result of a transitory foreign object or substance on the premises, in proving that a person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care, in the maintenance, inspection, repair, warning, or mode of operation of the business premises, actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim. An action for premises liability may arise in a slip in fall claim, by virtue of negligence, arising from different conditions in the premises. For instance, premises liability may arise by virtue of the condition of floors. Where the floor is defectively constructed or negligently maintained, or other conditions arise that can make a floor slippery, those issues can give rise to a civil action. Additionally, loose objects on a floor may constitute a dangerous condition on a premises. Further, hazardous steps and stairways may give rise to premises liability, such as where a step is improperly constructed or contains a hidden defect of which the possessor of the premises was aware or should have become aware in the exercise of reasonable care for the safety of the patrons. Moreover, loose objects on a floor may constitute a dangerous condition on a premises. Accordingly, where a genuine issue of material fact exists regarding whether a defendant created a dangerous condition, summary judgment is precluded. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence.
A plaintiff that has been injured on a business premises due to a slip and fall, should consult with an experienced West Palm Beach personal injury lawyer. Generally, the plaintiff has the burden of proving that the defendant, as the property owner, had actual or constructive knowledge of the dangerous condition, before the injury occurred. However, slip and fall cases on business premises are treated differently. Historically, Florida courts required that in "slip-and-fall" cases concerning a transitory foreign substance, the injured person had to prove that the premises owner had actual or constructive knowledge of the dangerous condition in that the condition existed for such a length of time that in the exercise of ordinary care, the premises owner should have known of it and taken action to remedy it. However, the Florida Supreme Court has eliminated that burden of the defendan'ts actual or constructive notice. Therefore, once a plaintiff has established that he or she fell as a result of a transitory foreign substance, a rebuttable presumption of negligence arises.
A cause of action for a slip and fall may have many complex issues. Therefore, you should consult with an experienced West Palm Beach personal injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Blog for Slip and Fall Action
- Establishing the Elements for a Slip and Fall Claim
Description: West Palm Beach personal injury lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
- Slip and Fall Arising from Steps and Stairways
Description: West Palm Beach personal injury lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Library for Slip and Fall Action:
- Slip and Fall Action | Steps and Stairways
Description: West Palm Beach personal injury lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL. - Establishing the Elements for a Slip and Fall Claim
Description: West Palm Beach personal injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
