You may well have a case especially if the operators of the store knew or should have known in the operation of their store that the freezer unit caused water on the floor. You should not delay one second in retaining an attorney in order to document the required conditions prior to changes being made.
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
The current law in Florida regarding slip and falls requires the owner or operator of a premises to use reasonable care to protect people invited on the premises from dangerous conditions of which they may have knowledge.
It requires them to take reasonable care to eliminate known dangers by excluding visitors from the area or warning them of the danger. Florida Statute states "the person or entity in possession or control of the business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitee on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might foreseeably give rise to loss, injury or damage".
However effective 1 July 2010, the statute was amended to state that in any civil action for negligence involving an injury caused by a slip and fall incident on a business premises, the injured party shall have the burden of proving the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. This change by the Florida legislature, makes claims by plaintiff's much more difficult to pursue and prevail.
From the desk of T. Edmund Spinks, Esq. P.L.
304 Plant Ave. S. Suite 100
Tampa, FL 33606
Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.
The new law that went into effect this summer in Florida makes it harder to prove that the store was negligent. If your child is only bruised and sore, be thankful. But, if it turns out to be more than that, contact a personal injury attorney to follow up.
Dennis Phillips, Esq.
Fort Lauderdale, FL
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