The Role of Negligence in Slip and Fall Claims: What You Need to Know

Slip and fall claims in Florida are largely centered around proving negligence. If you’ve been injured in such an incident, knowing what to look for and how to protect your claim is crucial. Warner & Fitzmartin in Lake Worth, Florida, can guide you through the process to maximize your recovery.

1. Establishing Negligence: Actual or Constructive Notice

To successfully file a slip and fall claim, your attorney must prove that the business where the incident occurred either had actual or constructive notice of the dangerous condition that caused your fall. This means they knew or should have known about the hazard, such as a spill or uneven flooring. Gathering evidence, like taking photos and documenting any comments from employees, is vital to providing notice.

2. Recent Law Changes in Florida

Florida’s laws regarding negligence in personal injury cases have evolved. As of March 2023, if you’re found to be 50% or more at fault for your slip and fall accident, you may not recover any compensation. This makes collecting evidence, including photos of the scene, witness statements, and your clothing, more important than ever.

3. Defense Tactics to Shift Liability

Businesses and their attorneys often attempt to shift blame onto the injured party. They may argue that you were wearing inappropriate footwear, texting while walking, or not paying attention. To counter these defenses, it’s essential to preserve the clothes and shoes you were wearing and document any signs of damage.

If you’ve been injured in a slip and fall, contact Warner & Fitzmartin today at (561) 816-5983 or submit a form online. We’ll help you gather the evidence needed to hold the responsible party accountable and fight for the compensation you deserve.

Scroll to Top