If you are injured in a slip and fall accident involving a substance, you have the burden of proving that the business owner had knowledge that the substance was there. In 2010, the Florida legislature enacted a statute that made it more difficult for the injured party to recover damages. Under Florida Statute §768.0755: (1) 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. Constructive knowledge may be proven by circumstantial evidence showing that: (a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (b) The condition occurred with regularity and was therefore foreseeable.
Proving that a business owner had actual or constructive knowledge of a dangerous condition can be very difficult. Injured parties are not in the best position to know how long a substance has been on the floor as they have not been at the business all day. Prior to Florida Statute §768.0755, evidence of an unsafe condition created the presumption that the property owner failed to keep the premises in a reasonably safe condition. Now, that presumption does not exist, and injured parties must offer evidence that the business owner was aware or should have been aware of the substance creating the dangerous condition.
At Tuttle Larsen Injury Attorneys, we understand the complex laws surrounding this topic and will guide you through the process of pursuing your claim. Call our office today at (772) 348-2828 to schedule your free consultation.
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Posted on GoogleTrustindex verifies that the original source of the review is Google. I would highly recommend this law firm. They were very informative and helpful with my auto accident claim. Got me exactly what I was expecting and the process went smoothly and fast.Posted on GoogleTrustindex verifies that the original source of the review is Google. Doug Tuttle and his firm treated me with respect, courtesy and professionalism; helping me to navigate a painful and trying time in my life. Anyone seeking top-notch legal representation cannot go wrong choosing this law firm. I always will be grateful for their service and support.Posted on GoogleTrustindex verifies that the original source of the review is Google. I just had my first consultation with this firm. I am so blown away, although my complicated matter did not fit into their specialityI, they made sure I should get the best that is out there for me. they are the true meaning of Community. Thank You.Posted on GoogleTrustindex verifies that the original source of the review is Google. I was the victim of a serious car accident that resulted in injuries, and from the very beginning, the Tuttle team was there to guide me through every step of the process. Doug Tuttle and his entire staff not only worked hard on my behalf, but they also consistently showed genuine compassion, patience, and understanding during an extremely difficult time. Their support made a challenging situation feel much more manageable. I am truly grateful for everything they did for us, and I would highly recommend the Tuttle firm to anyone in need of a dedicated and caring injury attorney.Posted on GoogleTrustindex verifies that the original source of the review is Google. My first appointment with Tuttle Larsen Injury Attorneys was beyond my expectations. I was still angry about my accident which involved a driver who ran a stop sign and T-boned us. I was also in severe pain with fractured ribs and a torn rotator cuff. Jesse Larsen immediately calmed me down with his very professional and compassionate manner. He explained the options in dealing with my case with full confidence that it could be resolved. He explained what would happen as we continued through each step of my case, what papers that I needed to give him, and how he would handle everything for me. I was so relieved that this burden had been lifted from my shoulders. I didn’t have to fight this battle alone. Jesse told me that I could call the office any time I had a question, which I did. Cindy was my lifeline to Jesse. She dealt with all the paperwork which included doctor and therapy bills, insurance, and interrogatives. She explained everything in detail in emails or over the phone. I didn't have to make endless trips to his office. When I did need to sign papers, Kelly was very friendly and had everything ready for me as soon as I walked in the door. I can’t say enough about the efficiency of the Tuttle Larsen Injury Attorneys Office. Jesse and Cindy always kept me updated on progress with my case. When a decision had to be made, Jesse would present the options in a language that was easy to understand. Then we would make the decision together. When we reached the settlement stage, Jesse was an excellent negotiator, who reduced the balance I owed to a lesser amount. I would highly recommend Jesse Lawson when you need an injury lawyer. My advice to a new client is to be patient and to give complete answers to questions that the office asks you. Although my case took about 1 and a half years to settle, I received much more than I was originally offered and was happy with my settlement. Many thanks to Jesse Larson, Cindy, Kelly, and the Tuttle Larsen Injury Attorneys. Carolyn OliverPosted on GoogleTrustindex verifies that the original source of the review is Google. Jon Jacob of Tuttle Larsen Injury Attorneys represented me for trial and I cannot recommend him and this practice enough. Their professionalism is unmatched and Jon Jacob communicated so well throughout the whole process to make sure I was prepared and knew what would happen at every step of the way. He was caring and supportive through a stressful time and I cannot thank him enough for it. The team is extremely knowledgeable and committed to the best experience for their clients.Posted on GoogleTrustindex verifies that the original source of the review is Google. I want to extend my sincere appreciation to the entire team at Tuttle-Larsen Law, and especially to Attorney Doug Tuttle, for their outstanding professionalism and dedication in handling my motor vehicle crash case. From the very beginning, the staff was courteous, responsive, and highly organized. Attorney Tuttle demonstrated genuine concern for my well-being and guided me through each step of the legal process with clarity and confidence. His expertise and straightforward communication helped ease the stress of the situation, and his legal strategy ultimately led to a successful and timely resolution of my case. I’m very grateful for their hard work and commitment, and I would highly recommend Tuttle-Larsen Law to anyone in need of skilled and compassionate legal representation.Posted on GoogleTrustindex verifies that the original source of the review is Google. Conscientious and professional, Jon Jacob and Barbara communicated with me every step. From laying out his plan, to making sure I was given a fair deal at the end. I heard about them after they helped my brother, and when I was in need of help just a year later I immediately got in touch with them and I'm very glad I did. The process was smooth for me, and I like to understand what's going on to get a picture of what's happening, therefore I ask questions. Without missing a beat, they would answer and email, and reminded me of what phase of the process the case was in. I always felt confident. My advice to anyone who goes to them, be prepared and professional, you'll get so much in return from Tuttle Larson, especially Jon Jacob Ashenback. Thank you once again man, keep being sharp, you're kicking ass.Posted on GoogleTrustindex verifies that the original source of the review is Google. From the first appointment, this firm will work diligently to prepare your case. Because auto accidents aren’t planned and seem to happen at the worst possible time, the attorneys and staff at this office are excellent when it comes to answering questions, allowing you to put your mind at ease. There’s always a lot going on at the beginning of the process and having Mr. Larson walking me through made the process so smooth. When hiring this firm, you call to speak to a specific person, you can actually reach them, or they will return your call as they say they will. So many large firms pass your case around, you are never able to speak to the same person, you cant get your calls returned or questions answered, which becomes frustrating dealing with a timeframe. Couldn’t have been more pleased with all the help my children and I received at a hectic time in our lives. Down to the receptionists answering the phones, the paralegals, and then the attorneys— they become family and there is no one else you’d rather have handle your case, fighting in your corner, and in the best interest of you! Thank you so much for all you’ve done to help us overcome this experience!
