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In July 2010 the burden of proof in Florida slip and fall cases changed from that of the business establishment to the injured plaintiff, following Florida's being one of the top states in the number of slip and fall cases.

Here is what Florida Law (768.0755 Premises Liability for Transitory substances in a business establishment.) says:

(1) 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 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

(b) The condition occurred with regularity and was therefore foreseeable. 

(2) 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.

If the defendant violates a relevant statute, the attorney may be able to prove there was negligence. In other words, if the business owner did not follow building codes, they may be held liable for the slip and fall injury. 

Preparing for slip and fall cases involves gathering information shortly after the incident, including medical records, injury photographs, and witness statements.  Also, if the slip or fall occurs in a business, accident reports will be requested.

"We, at Spivey Law Firm, Personal Injury Attorneys, P.A. have the experienced team necessary to handle slip and fall cases.  Here are just a few of the settlements we have obtained for our clients:

• Settlement obtained for a Naples woman who suffered a brain injury and broken hip in a fall accident which occurred when she was knocked down by a broken door.
• Settlement obtained for an accident victim who was injured on the job and suffered a serious fracture to his right foot when he fell from a ladder in Sebring.
• Settlement obtained for a Fort Myers trip and fall accident victim who suffered a broken knee when she tripped and fell on an improperly placed bicycle rack while walking out of a grocery store.
• Settlement obtained for woman in a trip and fall accident who broke her arm when she fell due to a floor defect at a restaurant in Sarasota.
• Settlement obtained for trip and fall accident victim who fractured her right shoulder when she fell as a result of a fuel measuring stick carelessly laid across a sidewalk in Sarasota."

Fort Myers Slip and Fall Accident Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%)  percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.