Florida Injury Lawyer Blog

A recent bill that passed through to the Florida Senate would make it more challenging for victims to win against businesses in slip and fall cases. Currently in Florida, the slip and fall law is plaintiff-friendly. Ever since 2001 in the Owens v. Publix case, the presence of a liquid or unsafe substance on a floor showed that the owner of the establishment did not keep the premises safe for customers. This made it easier for a person suing to get a case in front of a jury and obtain payment from an insurance company. If the new bill becomes a law, the burden would be on slip and fall victims to show that the defendant had knowledge of the unsafe condition.

The new bill, which advanced to the Senate in March of 2010, is supported by many, including Rep. Gary Aubuchon, who believe slip and fall costs in Florida have gone up since the 2001 Owens case. Opponents of the bill say it does not ensure that businesses will keep evidence such as surveillance video and incident reports in slip and fall cases. Rep. Elaine Schwartz of Hollywood criticized the bill, saying it "is not good public policy."

Under the new proposed law, a person claiming injury would have to prove that a business knew or should have known a hazardous material was on the floor and should have corrected the situation. The bill gives two ways to prove knowledge: the length of time the substance was present or a regular reoccurrence of the condition. An attorney experienced in conducting thorough investigations of accident locations and similar prior accidents at those locations can help slip and fall victims overcome this higher burden.