It is that time of year when you find yourself rushing in and out of department stores, malls, and other retail establishments, trying frantically to find that perfect last-minute gift. You may be distracted and overwhelmed with how quickly time is ticking down to the moment by which you need to have those last gifts wrapped and ready for the family gift exchange. The hustle and bustle can be exciting, but in the midst of all this, you can become less focused on your surroundings. As you are racing out of the store, having spent more time than anticipated waiting in line to pay, you may not notice the remains of a spilled soda on the floor by the exit. Before you know what has happened, you find yourself on the floor, surrounded by your packages, and you are in pain. Slip and falls happen to everyone, but what do you do when you have bruised more than just your ego?
Who Should Bear the Blame?
In cases such as these, it is often more than just being clumsy that is to blame. The concept of premises liability is usually at least a component is a slip and fall case. Florida Statute Section 768.0755 defines the limits of liability for “transitory foreign substances” (spills) in a business establishment as follows:
“If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that”:
(a) The condition existed for a time long enough that the business establishment should have been aware of its presence; and
(b) The dangerous condition was foreseeable.
Am I Partially to Blame?
The court will also look at whether a claimant’s actions contributed to the accident. In a negligence action, comparative fault means that if you are found to be partially at fault, the amount of damages that you can recover will be reduced proportionate to your amount of fault.
Beyond a Bruised Ego – Now What?
In the case of the store slip and fall, the spilled soda is something that a property owner may have reason to be aware of and should take action to remedy. These types of accidents are frustrating, and sometimes your injuries can be quite serious. A personal injury claim for damages suffered as a result of a slip and fall may include compensation for lost wages. medical costs, pain and suffering, and other costs associated with your injury. If you have been injured in a slip and fall, you need the facts about your rights. Our legal professionals can help you to determine whether you have a claim and, if so, how you will need to proceed with your case. Contact a Miami personal injury attorney today to allow us to help you achieve the results you deserve.