In Florida, a premises liability case is the result of either a dangerous condition on the property or a dangerous activity that occurs on the property that is within the control of the landowner. Many of these cases are slip and fall or trip and fall cases. In those cases, there is an unreasonably dangerous condition on the property of the landowner that the owner either knows or should have known about. The landowner thereafter is required to either correct the condition or adequately warn against the danger. However, there is no duty of a landowner to correct or warn against naturally occurring conditions on the property. For instance, if there is a naturally occurring pond on the property, a landowner does not have a duty to keep people from entering the pond or warn against it. On the other hand, if the landowner creates a fountain with a pool, then the fountain with a surrounding pool must be constructed so that it does not pose an unreasonable risk of injury to those who enter the property.

 

Water on the Floor or a

"Transitory Foreign Substance"

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Perhaps the most common type of premises liability case is one for water on the floor. Florida has codified its law on this subject in section 768.0755, Florida Statutes. That statute requires a person who slips and falls on a transitory foreign substance in a business establishment to prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

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Knew or Should Have Known of Dangerous Condition

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Actual knowledge of a dangerous condition is rare as most owners would likely remedy a known dangerous situation. On the other hand, constructive knowledge has gotten harder to prove under the statute as the plaintiff must show with circumstantial evidence that the dangerous condition existed for such a length of time that the business should have known about in the exercise of ordinary care or that the dangerous condition occurred with regularity and was therefore foreseeable. This means that if a customer in a grocery store drops something on the floor, the plaintiff must be able to prove that the item dropped on the floor was there for long enough that the business owner should have known about it and should have done something about it. It also means that a roof that leaks every time it rains occurs with such regularity that the business owner should foresee that a danger is created every time it rains and should have the leaky roof repaired. Those are just mere examples of how this law works.

 

If you or a loved one have suffered an injury as a result of a premises liability issue, please contact a Lakeland slip and fall attorney to discuss the facts of your case. A consultation with a Lakeland slip and fall lawyer is free. Please call to set up your appointment with an attorney.