Slip and Fall Cases Involving Special Circumstances
Pensacola Premises Liability Law Firm with Experience Handling Four Special Types of Cases
While every slip and fall case in Pensacola presents challenges, four situations represent unique problems and invoke distinct legal doctrines that are not commonly involved in most premises liability claims. If you were injured in one of these situations, it is important to work with a Pensacola slip and fall lawyer who understands both the opportunities and difficulties you may encounter while pursuing compensation for your injuries. Experience can make all the difference in special premises liability claims.
Special Rules Apply in Cases Involving Injuries Caused by Spills
Even if you’ve never heard of a “transitory foreign substance,” you’ve likely seen one. Transitory foreign substance is the legal term for something spilled on the floor. Florida lawmakers established special rules for slip and fall cases that involve substances spilled on the floor of a “business establishment” such as a grocery store. Fla Stat. §768.0755 specifies that when someone is injured in a fall caused by a spilled substance, they must prove that the business had “actual or constructive knowledge of the condition” and that the business should have done something to fix the situation.
A Pensacola slip and fall attorney could prove actual knowledge of the spill by showing, for example, that a witness reported the spill to a staff member. Constructive knowledge means that the business should have known about the spill. The statute offers two ways to demonstrate constructive knowledge. An accident victim could prove that the spill existed for so long that if the business operated with reasonable care in inspecting the premises, they would have noticed the spill. An accident victim could also prove constructive knowledge of the spill by showing that it was foreseeable because it occurred so regularly.
Florida Premises Liability Law Offers Special Protection to Children
Because of their vulnerability, children are afforded special protection under Florida laws, including those involving premises liability. The attractive nuisance doctrine requires property owners to take steps to protect children from dangers on the property that could prove irresistibly attractive to them. Even if a child is injured while trespassing, a property owner could still be liable for failing to put up proper fencing or failing to take other appropriate protective measures.
Attractive nuisances that commonly result in lawsuits include injuries from:
- Swimming pools, ponds, and other water hazards
- Playground equipment
- Golf carts, machinery, and ATVs
- Construction sites
Premises liability accidents involving children often result in catastrophic injuries, so it is crucial to work with an attorney who can help recover sufficient compensation to cover future needs and extensive losses in these situations.
Trip and Fall Cases Involving Seniors Require Special Attention
Children are not the only population particularly vulnerable when property owners fail to take adequate steps to protect those on their property. The elderly often suffer devastating injuries in slip and fall situations because of the greater fragility of their bodies.
Even if a pre-existing condition contributes to the severity of a slip and fall injury, a seasoned premises liability attorney in Pensacola can use the eggshell plaintiff doctrine to hold the property owner liable for the harm caused on their property.
Delayed Premises Liability Cases Pose Special Challenges
To establish liability in a slip and fall case, a Pensacola personal injury lawyer must present evidence to show how a dangerous condition on someone’s property caused injuries. Often, the victim must also show that the owner knew or should have known about the condition and failed to address the problem adequately.
As time passes, it becomes harder to collect evidence. Witnesses can be difficult to locate, and their memory of the incident will not be as clear. The accident scene probably will not look the same. Video footage of an incident may have been recorded over. Therefore, when a slip and fall victim waits before contacting a premises liability attorney, it can be especially challenging to demonstrate liability.
Consult a Pensacola Trip and Fall Lawyer About Your Case
For many reasons, it is a good idea to consult a slip and fall attorney in Pensacola as soon as possible after an accident on someone else’s property causes injuries to you or a loved one. An attorney could help gather evidence and help answer questions from investigators to preserve your rights and ability to recover. For a free consultation and case evaluation, call 888-549-7011 or contact us online now.