What if I am partially to blame for what happened in my Florida slip and fall?
This is a scenario that we see all the time in my practice. The question is, what if I’m partially to blame for a slip and fall in the state of Florida? I would say probably the majority of cases in the state of Florida, when it comes to slip and falls, have some sort of responsibility or some sort of blame that’s put on the person who is actually walking, the person who was injured. Most cases do not have an incident report. In many cases there won’t be surveillance footage of the actual fall, and if there was surveillance footage, often times it’s not preserved by the store owner or the store manager and as a result, it can’t be used. It’s very difficult to prove what was on the floor, how long it was there, whether or not the store owner or manager or employees were on notice of that dangerous substance. As a result, it can be difficult to have that slam dunk, open-and-shut case against the store owner.
Most cases have some sort of comparative negligence against the actual injured party. That’s why it’s so important to preserve the evidence, take photos of the substance on the ground before you leave, and also get an incident report. Get a copy of the incident report that the manager creates so you can help prove that this incident actually occurred and that the store owner or the manager was at fault.