Constructive Notices Slip and Fall

Posted on : June 23, 2020

In a Florida slip and fall accident, your rights typically fall under those of a “premises liability” case. If you were injured in a slip and fall accident, the basis of your claims is negligence on the property owner’s behalf. Compensation is recovered from the property owner if it is proven that they knew or should have known of the potential accidents that could occur in their establishment due to dangerous/hazardous conditions. The phrase “knew or should have known” is used to at least give visitors constructive notice of potential danger. 

Mop bucket and caution sign on wet floor

The notice must always be proven in a premises liability case. Under Florida’s statute on slip and fall accident cases, notice must be proven to recover damages. Common law for premises liability requires a property owner to be unreasonable in not providing notice of hazardous conditions.

CLECKHEATON, WEST YORKSHIRE, UK: THESAURUS PAGE SHOWING DEFINITION OF WORD NEGLIGENCE, 30TH MARCH 2005, CLECKHEATON, WEST YORKSHIRE, UK

How Constructive Notice Works

  • The hazardous conditions in the establishment have existed long enough for the property owner to be aware of them.

OR

  • The hazard occurred frequently and could have been prevented.

The constructive notice would be present if a property owner properly and frequently inspected the establishment to be sure it is running smoothly and would not cause a slip and fall or any personal injury accident. However, if the hazardous condition had recently occurred, such as a spilled drink, the constructive notice does not apply and your case may be further complicated due to legalities. 

For expert knowledge, support, and assistance in your case, contact 1-800-411-PAIN after a slip and fall accident. Our team provides you with the best local personal injury attorneys who will be there for you when you need them, as well as providing you with the medical attention you need after a slip and fall accident. Call Path at 1-800-411-PAIN if you have been injured and want compensation for your injuries!  

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