Salpeter Gitkin LLP
Call now to schedule a free initial consultation
PH 800.675.4128

Establishing fault in a slip-and-fall accident

People in Florida enter onto other people's property every day. People go into grocery stores, retail stores and many other businesses. Most of the time people enter onto the property and leave with nothing out of the ordinary occurring. However, from time to time accidents do occur and will raise issues of premises liability. These accidents can vary greatly in severity and every once in a while people suffer injury as a result.

As a result of their affliction the injured person may incur medical bills and lost wages if they are unable to work, leaving them in a tough financial situation. These victims may be entitled to compensation, though. However, it is not automatically the property owner's fault just because an accident occurs on their property.

The accident victim must prove that the property owner had actual or constructive knowledge that a dangerous condition was present. They must also prove that the property owner should have taken care of the dangerous condition. Actual knowledge is fairly straightforward, but constructive knowledge is a little trickier. In order to prove it, one can show that the dangerous property condition was present long enough that the property owner should have known about it, or that it was a regular reoccurrence and therefore foreseeable.

If the victim is able to prove knowledge, then they have to prove that the dangerous condition should have been remedied. If those things are clearly demonstrated, then damages may be determined. Interestingly, determining damages can sometimes be much more complicated than determining fault.

Many people in Florida are or will become the victims of slip-and-fall accidents. The severity of the injuries can vary greatly, but before any compensation can be determined, the property owner must first be at fault. Attorneys understand the complexities of premises liability and can be helpful resources to the victims of these accidents.

Source: Florida Legislature, "Florida Statute 768.0755" accessed on October 27, 2014

No Comments

Leave a comment
Comment Information
  • Super Lawyers Rising Stars
  • Florida Legal Elite
  • The Florida Bar 1950
  • Dade County Bar Association 1920 LEX
  • Broward County Bar Association 1925 Fidelity To Law Truth
  • Broward County Justice Association
  • American Association For Justice
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Salpeter Gitkin LLP
1 E. Broward Blvd
Ste 1500
Fort Lauderdale, FL 33301

Toll Free: 800-675-4128
Fax: 954-467-8623
Fort Lauderdale Law Office Map

North Miami Beach Office
3363 NE 163 Street
Suite 708
North Miami Beach, FL 33160

Toll Free: 800-675-4128
Fax: 954-467-8623
Map & Directions

Tallahassee Office
2623 Centennial Blvd.
Suite 204
Tallahassee, FL 32308

Toll Free: 800-675-4128
Fax: 954-467-8623
Map & Directions