Florida slip-and-fall plaintiffs suing a business for injuries have to show the defendant had actual or constructive knowledge of the substance in question.
Actual knowledge means defendant was actually on notice about that particular hazardous condition. Constructive knowledge means they should have known about it, either because it was a condition that occurred with regularity or it existed for such a length of time defendant would have discovered it in the course of using reasonable care.
Most of these cases rely on assertions of constructive knowledge. There are many ways plaintiffs can prove this, including by request of internal memos, work logs, time sheets, surveillance video or other elements tending to show this was a regular problem or defense didn’t use reasonable care to routinely examine the site. Continue reading