As an Orlando personal injury lawyer with nearly 40 years of experience helping injured Floridians, James O. Cunningham has seen his share of slip and fall injury cases and the serious injuries that often result due to negligent business owners’ reluctance or refusal to take corrective action to remove potential hazards. Slip and fall accidents are an especially serious problem in Florida due to our state’s high population of senior citizens and the often debilitating injuries they suffer in slip and fall accidents.
Florida Statute 768.0755 describes premises liability in a business establishment. It states that:
- 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:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable.
- This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
This statute says that property owners and occupiers (tenants, for example) are required to maintain their properties in reasonably safe condition. If a dangerous condition exists and they are unable to remedy it quickly, they are required by law to warn guests, visitors, customers and others about the condition. If they fail to honor their responsibilities, they are subject to a premises liability for any slip and fall accidents that occur within their property.
If you believe that you or someone in your immediate family was injured in slip and fall accident due to the negligence of a property owner, it is wise to speak with an Orlando premises liability lawyer such as Mr. Cunningham. During your free consultation, he can:
- Explain Florida premises liability law in plain language
- Advise you on whether or not you have a valid claim
- Explain your legal options so that you can make informed decisions about which course of action will be best for you
If you would like to schedule a consultation with Mr. Cunningham, call him today at 877-FL-INJURY (877-354-6587).
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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