Florida Law Update: Slip-And-Fall
A 2010 law makes it more difficult, but certainly not impossible, for an injured victim to receive compensation after a slip-and-fall accident.
House Bill 689 requires that an injured plaintiff prove that the defendant either actually knew about the defective condition that caused the injury, or that the condition had been present long enough to impute knowledge ― the owner should have known. The law specifically applies to cases in which the plaintiff slipped and fell on a wet spot on the floor or some similar obstruction. Previously, a plaintiff only had to prove that there was an abnormal substance on the floor.
Damages in a slip-and-fall case
If the plaintiff can prove that the owner failed to exercise reasonable care in maintaining the premises, and that failure caused the plaintiff’s injuries, damages can be significant:
- Lost wages: Even a mild slip-and-fall can cause a plaintiff to miss work for doctor visits and rehabilitative care. A jury may also award damages for future lot wages, if the plaintiff’s condition is expected to linger.
- Medical expenses: Even a relatively brief stay in the emergency room can easily cost a few thousand dollars. The cost quickly adds up if rehabilitative care or corrective surgery is needed, as they often are. Ongoing medical care must also be part of the equation.
- Pain and suffering: The doctors may be able to alleviate pain and disability, but not eliminate them. Overall pain, loss of mobility and other related physical maladies may all be sources for additional compensation.
If you have been injured in a slip-and-fall accident in a public or private place, you have a limited time to act. Call an experienced Florida attorney for a free consultation.