How complicated are Florida slip and fall cases?
In the state of Florida slip and fall cases can be very complicated. Number one, the fact that someone has actually just fallen or been injured at a store, at a business or at someone else's house. That doesn't mean on its face that they're automatically entitled to receive some sort of compensation or damages as a result of their injuries, it's more complicated than that, there's more to prove. Basically the injured party has to prove, typically through their attorney that there was a dangerous substance on the floor that caused them to be injures and it was either known by the defendant or the defendant should have known about it through reasonable inspections. It's more complicated than just saying you fell, as a result you recover money.
Number one, it's very difficult and there are additional elements to prove. Number two, and this is why we always say it's so important to preserve the evidence at the scene, to take photos of what's on the ground, what caused you to fall. Because so many times those substances are cleaned up shortly after the fall. It's so important to preserve that evidence. We have to prove there was something on the ground, oftentimes there's surveillance footage when it comes to the falls occurring at stores or offices and oftentimes that surveillance footage is not saved or preserved. Therefore all the evidence is basically thrown out the window. That's why it's also important if there are witnesses to an accident, at least get the witnesses names and contact information so your attorney can go back later, contact them, get a statement from them and get them set for a deposition if required.
All that evidence is so important in proving your case. These cases are highly complicated, have a lot of moving parts, specifically regarding liability. Too much of the evidence is either destroyed, cleaned up or not preserved in some way, which makes it very difficult to prove the cases.