Slip and Fall Attorney

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Personal Injury Attorney Renee Dial

Personal Injury Attorney Renee Dial

Slip and fall accidents are the common claims in premises liability cases. Premises liability law involves the legal responsibility of owners and occupiers of land and property for injuries experienced by persons on that property. One of the most common causes of such injuries is a trip and fall or slip and fall, such as spilled liquid, broken sidewalk, a loose or uneven stair tread, or a piece of debris on the floor.

A common misconception is that the injured party should “have been looking where they were walking.”  Another way to look at that statement is that if it is so obvious to the person that fell how obvious should it have been to the store owner or business.  Most slip and fall accidents are easily avoided if the business owner simply kept better care of their floor or parking lot.

768.0755 Premises liability for transitory foreign substances in a business establishment.

(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.

Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.

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