The incident occurred in a Wal-Mart store, which has been no stranger to such claims, given that it gets an estimated 138 million visitors every week. In fact, the company hires not just attorneys to handle cases as they arise, but also a claims management firm, with the sole aim of reducing the store’s liability in slip-and-fall and other negligence cases.
Such claims are harder to win in Florida, especially in recent years since legislators tightened plaintiff’s proof burden under F.S. 768.0755. In order to prevail in a Florida slip-and-fall lawsuit arising from a transitory foreign substance on the floor of a business establishment, plaintiffs need to prove the company had actual or constructive knowledge of the dangerous condition and yet failed to take action – whether warning you about it or cleaning it up. Continue reading →