Naples Slip & Fall Lawyer
Falling accidents are an often under-appreciated cause of serious personal injuries. While slipping and falling in the store of a supermarket might not sound that serious, it can actually lead to a broken leg, a traumatic brain injury (concussion), and in some cases even spinal cord damage. The risks of such serious injuries also increase as a person gets older.
Not all falling accidents are preventable. But many slip and falls are the result of property owners who fail to keep their premises in reasonably safe condition for members of the public. If you have been injured in such an accident, an experienced Naples slip & fall lawyer can help. At the Pendas Law Firm, our personal injury team can assist you in seeking compensation for your medical bills, lost income, and pain and suffering arising from a fall that occurred on someone else’s property.
The Importance of Actual or Constructive Knowledge
A store owner is not legally responsible for every slip and fall accident that may occur on their premises. After all, people can fall for a number of reasons. Florida law requires proof that there is a dangerous or hazardous condition created either directly by the owner, or which was allowed to persist due to the owner’s inaction.
For example, many slip and fall cases involve slippery floors, such as a puddle of water left in the aisle of a store. Florida law states that in order for a slip and fall victim to recover compensation in such cases they must prove that the business owner had “actual or constructive knowledge” of the dangerous condition and that they “should have taken action to remedy it.”
Actual knowledge is just what it sounds like. The owner knew there was a problem and failed to correct it. Constructive knowledge is a bit trickier to understand. Florida law says that a plaintiff can prove constructive knowledge through circumstantial evidence of either of the following:
- The dangerous condition existed long enough that the business owner should have known of the problem through the exercise of ordinary care.
- The dangerous condition occurred with enough regularity where it was foreseeable.
Even with actual or constructive knowledge, a property owner can still argue in court that the slip and fall victim’s actions contributed to their injuries. It is common for defendants in such cases to try and argue the hazard was “open and obvious” and could have been avoided had the victim simply been paying attention. While this argument does not always succeed, it is something that you need to prepare for if you plan to take legal action.
Contact The Pendas Law Firm Today
Indeed, slip and fall cases often involve a number of complicated factual and legal questions. That is why it is important to work with a Naples slip and fall lawyer who understands how to properly investigate and build such cases. If you have been injured while visiting a local business or attending someone else’s property and need legal advice on what steps to take next, contact the Pendas Law Firm today.