What Is Constructive Notice in a Florida Slip and Fall Case?

by Jerrad Ohr | Premises Liability

If you have sustained a serious injury in a slip-and-fall accident on someone else’s property, you may be considering filing an injury claim against the property owner. To proceed, you will need to prove that the property owner knew about the hazardous condition or should have known about it, but failed to correct it. The outcome of your claim may hinge on whether you can prove actual or constructive notice in a Florida slip-and-fall case. An experienced attorney can review your case and help you understand your options. Call our office today to get started.

What Does Constructive Notice Mean Under Florida Law?

Constructive notice is the legal principle that a business or property owner may be held financially responsible for an accident even if there is no direct proof that they knew about the underlying hazard. Florida Statute 768.0755 specifically addresses constructive notice in Florida slip-and-fall cases involving transitory foreign substances, such as spilled liquids on a floor.

It is important to distinguish between actual vs. constructive notice in Florida. Actual notice means the business or property owner actually knew about the dangerous condition. Constructive notice means the facts surrounding the accident suggest the property owner should have known about the hazard, even if there is no direct proof that they did.

How Is Constructive Notice Proven in a Slip and Fall Case?

To prove constructive notice, you will need to show that the dangerous condition existed for a sufficient length of time that the property owner or business owner exercising ordinary care should have discovered the hazard. One of the most common ways to do this is to show that the same type of dangerous condition occurred often enough that the property owner should have anticipated the risk and been prepared to address it promptly. Food and drink spills at grocery stores or restaurants are examples of hazardous situations that cause people to slip and fall, sustaining serious injuries such as broken bones or head injuries.

Key Evidence for Supporting Constructive Notice After a Slip and Fall

A knowledgeable attorney who handles slip-and-fall cases will know how to prove constructive notice. The attorney may seek the following types of evidence to support your personal injury lawsuit:

• Time-stamped videos showing that the hazardous condition had existed long enough that a reasonable property owner or business establishment should have discovered it through routine inspections of the premises.
• Video showing store employees walking past the hazard without cleaning it up promptly
• Inspection logs or witness statements documenting similar hazards occurring regularly on the premises, showing the hazard was foreseeable.

Talk to a Hollywood, FL Slip and Fall Lawyer at Rosen & Ohr, P.A.

After a slip-and-fall injury, you need the guidance of a knowledgeable personal injury attorney to pursue full compensation for your medical bills and other losses. Rosen & Ohr, P.A., has over 50 years of experience fighting for the rights of injured people in Florida and has a strong record of success in slip-and-fall lawsuits, including a recent $682,999 trial verdict and a $250,000 settlement. As one satisfied client wrote of their experience with our law firm:

“Jerrad and the whole staff are all so professional and helpful from day one of contacting them til the day up to meeting them in person. I’m so happy I was referred to them to assist me with my case. Thank you Jerrad, Jinel & Natalie, you all are so appreciated at Rosen & Ohr Law.”

Kevi H.

We know you have a choice when you need a Florida slip-and-fall lawyer. When you trust Rosen & Ohr, P.A., with your case, we will make every effort to repay that trust. Contact our office today to get started with a free consultation.