To prevail in a Florida slip-and-fall injury lawsuit, plaintiffs need to prove the business establishment had either actual or constructive notice of the hazardous condition, as outlined in F.S. 768.0755. Similar rules exist in other states, such as Wisconsin, where the state supreme court recently held there was sufficient evidence of constructive knowledge of a dangerous condition – even if the plaintiff could not prove exactly how long the slippery substance had been there.
Before detailing what happened in this case, our South Florida slip-and-fall injury lawyers think it is important to explain the difference between actual and constructive knowledge in a premises liability case.
The actual notice requires evidence that a business was actually aware of a particular danger in that specific place and time. Constructive notice, meanwhile, requires presenting circumstantial evidence that shows: