How to Prove Property Owner Negligence After a Slip and Fall
Under state law in Florida, property owners have a legal obligation to maintain a reasonably safe environment for anyone who visits their property. When they fail to fulfill this legal duty, whether at an amusement park, a retail store, or an apartment complex, they can be held accountable for any injuries resulting from a slip and fall or other type of accident.
Like any other type of personal injury case, when filing a slip and fall claim you must prove your case. In a slip and fall accident, you must prove property owner negligence. Below, our Tampa slip and fall attorney explains how to do it.
Actual vs. Constructive Notice
To prove a property owner’s negligence, you must show that they had knowledge of the dangerous condition that caused your injuries. You can do this through one of the two following legal theories:
- Actual notice: To prove actual notice, you must show that the property owner or an employee created the danger, such as mopping a floor and not erecting a warning sign, or was explicitly informed about it.
- Constructive notice: To prove constructive notice you must prove that the dangerous condition existed for such a long period of time that the owner should have reasonably discovered it. For example, routine inspections should show that a cooler was leaking over many hours, creating a puddle customers could cause customers to slip and fall.
Necessary Evidence to Prove Property Owner Negligence
Collecting strong evidence is critical when proving negligence to win your case. There are many types of evidence that can prove property owner negligence and they include:
- Document the accident: As soon as possible, write down a detailed account of what occurred including the time, location, and date of the incident. Describe, in detail, the dangerous condition that caused you to slip and fall and suffer an injury. It is recommended that you fill out an incident report, if available, and that you keep a copy for yourself. Also take photos and video footage of the accident scene.
- Locate witnesses: Locate anyone who may have seen the accident and ask them for their names and contact information. Eyewitness testimony is given significant weight in these cases because they have nothing to lose or gain.
- Preserve surveillance footage: Slip and falls often occur in locations that have surveillance video, such as retail stores. Ask the owner or manager to preserve the video evidence.
- Research previous complaints or incidents: It is helpful to research the property to learn of any previous incidents or complaints. This can show a pattern of negligence.
Our Slip and Fall Attorney in Tampa Can Prove Your Case
Proving slip and fall cases is not easy and so it is always recommended that you obtain help from a Tampa slip and fall attorney. At Moore Law, our experienced attorney will conduct an investigation and collect the necessary evidence to prove your case so you can focus on recovering from your injuries. Call us now at 813-510-5400 or contact us online to schedule a consultation and to learn more.
