On July 1, 2011, a new premises liability law went into place in the state of Florida. The old premises liability law simply required plaintiffs to prove that a slip and fall accident had taken place. The new law, however, requires plaintiffs to prove that a defendant knew of the conditions that resulted in the slip and fall accident.
Plaintiffs have another avenue to pursue under the new law: they can prevail in a slip and fall case if they can prove the defendant should have expected an accident because of recurring conditions, and that the defendant could have taken steps to remedy the conditions.
A prime example of this is if a defendant owns a steep set of stairs that do not have a handrail. Under the new law, the defendant is expected to anticipate that a preventable accident might take place, and the defendant could be expected to install a handrail.
The new law won’t change the reality that preventable slip-and-fall accidents happen and injure people. Nor will it erase the medical bills, lost wages, and pain and suffering associated with those accidents. If you or a member of your family has suffered an injury in a slip-and-fall incident, contact a Rue & Ziffra P.A. personal injury lawyer for an evaluation of the facts of the case.