Articles Tagged with boca-raton-slip-and-fall

Trip-and-fall injuries can occur on a myriad of different walking surfaces, and are usually caused by an uneven walkway or some type of non-obvious obstruction or hole. These type of incidents can result in severe and sometimes disabling injuries, so it’s important to explore all potential legal options that could assist victims with medical bills and compensate for pain and suffering. pebbles

Still, as our Boca Raton injury lawyers can explain, the fact that an injury occurred is usually not in and of itself enough to secure compensation. There must be evidence that the negligence of the property owner or property manager caused the fall that resulted in injury. Property owners have a duty of care to those invited on their site, especially if it is for business purposes. Companies that invite customers on site for the benefit of the company have a responsibility to regularly inspect the site and to keep it reasonably safe of potential hazards. Where such hazards exist and cannot be immediately addressed, customers are owed a warning.

In the recent case of Piotrowski v. Menard, Inc., the assertion was that plaintiff tripped and fell on a couple of small rocks that she did not see in the store parking lot. She fell hard on the concrete and sustained serious injuries. She alleged the store owner was liable for her injuries. But she had a tough time proving that it was the negligence of the store that caused her fall. The U.S. Court of Appeals for the Seventh Circuit recently reviewed.  Continue reading

Every state varies in its requirements for success in slip-and-fall cases. watermelon1

Slip-and-fall lawsuits are a type of premises liability claim that stems from the assertion that a business failed to keep its customers safe by addressing hazardous conditions on the ground about which they knew or should have known and in failing to warn about that risk. A requirement is that the company had either actual or constructive knowledge of it. Actual knowledge could be created in one of two ways: The company created that particular hazard or else someone informed them of it. Constructive knowledge, meanwhile, holds that a company should have known about the floor hazard because it had existed for such a period of time that it was discoverable in the course of reasonable care or else it was part of the company’s mode of operation.

In Florida, F.S. 768.0755 sets for the the requirements specifically for premises liability claims stemming from transitory foreign substances in a business establishment. This is the statute that says plaintiffs have to prove either actual or constructive knowledge of the dangerous substance on the floor.  Continue reading

A Florida law enacted several years ago requires that victims injured in slip-and-fall accidents on a business property have to prove the business was aware of the dangerous condition and failed to take action to remedy it or alternately warn patrons. The statute is F.S. 768.0755. homebroom

In most slip-and-fall accidents, it can be very difficult to prove “actual notice,” which involves showing the business knew of that exact spill for an amount of time during which they should have taken action. The alternative is to prove the business had “constructive notice,” which is that the business should have been aware of the danger because it existed for an extended period of time or occurred with regularity and was therefore foreseeable. The latter is known as “mode of operation.” That is, the condition occurred regularly because of the company’s “mode of operation,” and thus it was reasonable the staff, exercising due diligence, would discover it.

A similar standard exists in New Jersey, where the New Jersey Supreme Court recently affirmed a judgment in favor of plaintiff in Prioleau v. KFC, Inc. In this slip-and-fall case, the mode of operation theory was asserted as proof of the restaurant’s constructive knowledge of the dangerous condition, which was a transitory foreign substance on the floor.