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We often hear of slip and fall incidents occurring at grocery stores or malls, but slip and falls, as well as trip and falls, can take place in a variety of locations, including area parks, sidewalks and even the homes of private individuals. Fort Myers personal injury attorney Randall Spivey has handled many cases in which individuals sustained serious injuries because of an accident that occurred on a business premises or private residence.

Many slip and falls can be avoided if property owners take  precautions to ensure the safety of those who visit them. Anyone who has sustained injuries due to a slip and fall is encouraged to work with an attorney who is aware of the laws regarding such incidents, particularly with respect to slip and falls caused by transitory (also known as transient) foreign substances.

What are Transient Foreign Substances?

The Supreme Court of Florida, in Owens v. Publix Supermarkets, Inc., 802 So.2d 315, 317 (Fla. 2001) defined transitory foreign substances as "any liquid or solid substance, item or object located where it does not belong." The laws with respect to falls caused by such substances have evolved over the years. For instance, in Owens, the court held that the burden of proof was on property owners and/or operators to demonstrate that they had used "reasonable care," and that the existence of the transient foreign substance on the floor created a rebuttable presumption that the premises was not maintained to be in a reasonably safe condition.

Just about any Fort Myers personal injury attorney will tell you the court's finding at that time was of great benefit to slip and fall victims, as it lessened their burden to prove that the owner/operator was negligent. However, that was in 2001.

Florida's statute regarding transitory foreign substances has since changed. Now, if an individual slips and falls on a transient foreign substance in a place of business, he or she will be required to demonstrate the business had "actual or constructive knowledge" of the condition, such that they should have taken action to fix it.

The statute goes on to explain the ways in which constructive knowledge can be proven. More specifically, an injured individual can use circumstantial evidence to show that either the condition happened on a regular basis, thus making it foreseeable, or the condition existed for a length of time such that the business owner and/or operator should have been aware of the condition.

What Should You Do if You Slip and Fall?

The types of injuries that can result from a slip or trip and fall accident will vary in their severity. Some of the more common injuries include back, neck and knee injuries, as well as broken/fractured bones and shoulder injuries. Because of the injuries, a victim might suffer a number of damages, including lost wages, medical costs and pain and suffering. That is why it is imperative for accident victims to enlist the services of a competent personal injury attorney as soon as possible after the accident.

If you or a loved one has sustained injuries due to a slip or trip and fall accident, contact a Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.