What if I am injured in a slip and fall accident at a store?
When it comes to commercial establishments, the question that arises is whether they have engaged in efforts to keep their premises safe from dangerous conditions. Florida has answered this issue by passing Florida Statutes 768.0755, which governs liability for transitory foreign substances in business establishments. According to this statute, if an individual slips and falls on a transitory foreign substance in a commercial establishment, that person has to prove that the business knew or should have known of the danger and should have acted to correct it.
Proving the store had actual knowledge is generally more difficult. For example, let’s assume a gallon of milk spilt onto a grocery floor by a customer. Unless a store employee saw the milk on the ground, the store would not have actual knowledge. However, assume that the milk was left for 15 minutes without an employee coming by to inspect. In this scenario, the Florida statute allows for claimants to use circumstantial evidence to prove constructive knowledge. This provision means that the claimant can show that the condition existed long enough that the store should have known of the condition. Time and notice are the focus of this question.