Actual and Constructive Notice in Florida Personal Injury Cases
If you have a slip and fall injury in Florida, it’s important for you to understand the difference between actual and constructive notice and how it applies in a personal injury case. Notice is a generally a major issue in premises liability cases. A property owner or manager is required to inspect the property for conditions that could cause injury to the public.
The Florida Legislature has codified the notice requirement for the property owner or operator. According to Florida Statute, 768.0755, “if a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” In addition to the fact that the attorney for the injured person must prove the condition causing the fall was dangerous, evidence must be established showing that the owner of the property actually or constructively knew about that condition prior to the fall and could or should have remedied it.
Actual Notice
Actual Notice is quite simple – the business establishment literally knew of the dangerous condition and this is corroborated through evidence. The dangerous condition alone or even the fact that plaintiff was hurt isn’t enough to prove your case. One must show either actual or constructive notice. Most slip-and-fall cases are based on constructive notice, as actual notice can be quite difficult to prove.
Constructive Notice
In a Florida slip and fall case, constructive notice may be shown by a dangerous condition that existed for such a length of time that in the exercise of reasonable care the condition would have been known to the owner of the property or a condition that occurred with regularity and was therefore foreseeable.
We represent clients that have been seriously injured in slip and fall incidents. Although Florida law can be challenging, experienced personal injury attorneys can put forth the required evidence to win your case and obtain fair and adequate justice. If you, a loved one, or a friend is involved in a slip and fall accident and have any questions, let the injury attorneys at Suarez & Montero review the circumstances of your accident and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
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