Until July 1 of this year, Florida was known to be a great state to bring slip and fall personal injury cases against businesses because the burden of proof on the plaintiff was very low. With a stroke of the pen, Governor Charlie Crist placed more of an onus on the plaintiff to prove his or her case.
Under the former law, the injured only needed to prove that a slip and fall occurred. It was the burden of the defendant to prove that the premises was maintained safely.
Under the new law, the injured now needs to prove that the establishment had a duty and failed at that duty.
To do so, there are two elements that need to be proved:
- That the establishment had actual or constructive notice of the dangerous condition; and
- That the establishment should have taken action to remedy it.
While "actual" notice of a dangerous condition is self-explanatory and straight forward, "constructive" notice is a bit more abstract. Constructive notice means that a business should have knowledge of something - even if they actually have no knowledge. For example, if a gas station knew that their bathroom floor was always wet and slippery or a restaurant knew the floor in front of the salad bar is frequently littered with dropped food, then they should know that there is potential danger and accidents may happen if they do not properly maintain those areas.
Effect of Florida's New Slip and Fall Law
The new law does not mean that if you have slipped on a grape in a supermarket and been injured you have no case. The intention of the new law is not to end cases entirely, but rather to put an end to frivolous slip and fall cases - especially in situations where defendant businesses simply settle so they can avoid the cost of trial. Slip and fall cases for Florida retailers were double the national average.
Florida Retail Association's general counsel Samantha Hunter Padgett noted that, "Cases will still move forward and go to court. But this introduces balance and fairness. This really puts both sides on an equal footing."
Injuries suffered from a slip and fall accident can be serious. If you have been injured, do not let the change in law stop you from pursuing action for compensation for your injuries. Even though the burden of proof is steeper for those injured in Florida, it may still be possible to recover damages. Please speak with an experienced personal injury attorney today if you have been injured in a slip and fall accident.
