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