A routine visit to a shopping center along University Drive or a meal at a local Plantation restaurant should never result in a life-altering injury. Unfortunately, property owners do not always maintain their premises to the standard required by Florida law. If you have been hurt due to a hazardous condition, navigating the aftermath can be overwhelming. At Altman Law Firm, we provide compassionate guidance for those dealing with the physical and financial consequences of a slip and fall accident in Broward County.
Under Florida Statute 768.0755, if you slip and fall on a transient foreign substance in a business establishment, you must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge can be established by showing that the condition existed for such a length of time that the business should have known about it, or that the condition occurred regularly and was therefore foreseeable. This legal threshold makes documentation and timely investigation critical components of any premises liability claim in Plantation.
Whether you are walking through a retail plaza near Sunrise Boulevard or visiting a residential complex, hazards can manifest in many forms. Common issues we see include liquid spills that aren't promptly cleaned, uneven flooring, poorly lit stairwells, and loose carpeting. In many Plantation commercial spaces, high foot traffic increases the risk of these hazards. Property owners have a duty to invitees to maintain a reasonably safe environment and to warn of any hidden dangers that are not open and obvious.
Florida follows a modified comparative negligence system. This means that if you are found to be partially at fault for your own fall—perhaps for not seeing a visible hazard or being distracted—your recovery may be reduced by your percentage of fault. Furthermore, if it is determined that you are more than 50% at fault for the incident, Florida law may bar you from recovering any damages at all. Understanding how these rules apply to your specific situation is vital when seeking a fair resolution for your medical bills and lost wages.
Following recent changes to Florida law, the statute of limitations for negligence claims, including slip and fall accidents, is generally two years from the date of the incident. Failing to file within this timeframe typically results in the loss of your right to seek compensation through the court system.
If you are able, notify the property manager or owner immediately and ask for a written incident report. Take photos of the hazard that caused you to fall, gather contact information from witnesses, and seek medical attention as soon as possible to document any injuries sustained.
A 'Wet Floor' sign is a common defense used by property owners to argue they provided adequate warning. However, the presence of a sign does not automatically disqualify a claim. Factors such as the sign's placement, visibility, and whether the hazard was addressed in a timely manner all play a role in determining liability.
Constructive knowledge refers to a situation where a property owner should have known about a dangerous condition even if they didn't have actual notice of it. This is often proven by demonstrating that the hazard existed for a long enough period that a reasonable inspection would have uncovered it.
Many premises liability claims are resolved through settlements with insurance companies before a lawsuit is even filed. However, if a fair agreement cannot be reached, your case may proceed to litigation in the Broward County court system to seek the compensation you deserve.
If you have been injured in a Plantation slip and fall, contact Altman Law Firm to discuss the details of your potential claim. Call (305) 373-3730.