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Slip and Fall Cases

Elements and Issues Related to Florida Slip and Falls 

Florida Slip and Fall Case Law

Below is a list of basic elements and issues, and related Florida case law, an injured party will face and must prove to impose liability on a store owner, office, or similar place of business in a water related slip and fall in Florida.

1. An injured party must show that the property owner had actual or constructive knowledge of a dangerous condition.  See these cases:

Lester's Diner II, Inc. v. Gilliam, 788 So. 2d 283
Burnett v. Lower Florida Keys Health Systems, Inc., 722 So. 2d 951 
Colon v. Outback Steakhouse of Florida, Inc., 721 So. 2d 769
Winn-Dixie Stores, Inc. v. Mazzie, 707 So. 2d 927
Thoma v. Cracker Barrel Old Country Store, Inc., 649 So. 2d 277

Also See: Samples of Winn Dixie and Publix Cases Alan has Settled (and Case Law)

2. Constructive notice can be shown by proof that the condition existed for a sufficient length of time and that in the exercise of ordinary care, the property owner should have known of it and taken some steps to correct the condition. See this case:

Colon v. Outback Steakhouse of Florida, Inc., 721 So. 2d 769 (Fla. Dist. Ct. App. 3d Dist. 1998).

3. The length of time that the condition existed can be proved by circumstantial evidence. See:

Woods v. Winn Dixie Stores, Inc., 621 So. 2d 710 (Fla. Dist. Ct. App. 3d Dist. 1993).

4. Property Owner's liability may arise because of the condition of its floors. For instance, a lawsuit may arise because of a slippery floor casused by the accumulation of wax and/or other substances, from the presence of water or other liquids, or other various substances such as food. See:

Clyde Bar, Inc. v. McClamma, 152 Fla. 118, 10 So. 2d 916
Moulden v. Jefferson Standard Life Ins. Co., 143 Fla. 344, 196 So. 688
Wilensky v. Perell, 72 So. 2d 278
First Federal Sav. & Loan Ass'n of Miami v. Wylie, 46 So. 2d 396
Durden v. Dranetz, 99 So. 2d 716
Cisneros v. Costco Wholesale Corp., 754 So. 2d 819
Colon v. Outback Steakhouse of Florida, Inc., 721 So. 2d 769 

 

See: Alan Sackrin's Verdicts and Settlements

 

Quick Slip And Fall Facts:

Slip and falls are the second leading cause of injuries and deaths after car accidents. Every hour an older adult dies as a result of a fall. The most common injuries resulting from slip and falls include, herniated disc, head injury and/or a knee injury. Learn more from Alan Sackrin, an expert slip and fall lawyer.

 

Related Slip and Fall Topics

Please feel free to read our other slip and fall (trip and fall) related articles and fact sheets, including:

 

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