Is an employee being informed that something spilled on the floor relevant to winning a Florida slip and fall case?

When it comes to Florida slip and fall cases the evidence that an employee was made aware that there was something on the floor that could be dangerous prior to someone being injured is extremely important when it comes to proving the case.

You have to understand that in the state of Florida one of the requirements for succeeding in a claim is that there is actual notice or constructive notice of there being this dangerous condition, in this case something wet being on the floor. It’s not enough to just say, “Well, I slipped on the floor at someone’s store,” or, “At someone’s office.” There actually has to be actual notice by an agent of the company, including employees, or constructive notice. The way we establish constructive notice is by saying, they might not have known but they should have known if they did reasonable inspections of the property.

We get back to the question at hand which is evidence of an employee’s knowledge that there’s something on the floor and is that relevant, is that helpful? Of course, it’s helpful. It proves the notice. It helps prove that the company was on notice through their employees that there was a dangerous condition, they did nothing about it, and that resulted in someone being injured. Absolutely, it’s extremely important evidence and that’s why it’s so important to get witness statements and get the witnesses’ name and numbers, at the very least, at the scene so an attorney can go back later and get statements, take depositions, and help prove the case.

Image Description
Written by
John Pape

John Pape is the Managing Partner at Weston & Pape and has more than 30 years of experience representing injured clients across Florida. A summa cum laude graduate of the University of Miami School of Law, he has devoted his entire career to personal injury cases, including motor-vehicle accidents, wrongful death, and nursing-home neglect. Recognized by Verdict7, The National Trial Lawyers Top 100, and Premier Lawyers of America, John is known for his thorough preparation and commitment to achieving meaningful results for his clients.

call-icCall Us Today - It's Free