In Florida slip-and-fall lawsuits, the plaintiff must present some evidence that the defendant landowner knew of the hazard and failed to take action. Courts, however, do not necessarily require plaintiffs to present evidence of a defendant’s actual knowledge. In some cases, a plaintiff may be able to meet their burden by establishing that the defendant had constructive knowledge of the hazard.Under Florida Statute section 768.0755, constructive knowledge can be established by circumstantial evidence in one of two ways:
- The condition was present for such a length of time that the business should have known of its existence; or
- The condition occurred frequently.
The type of evidence required to prove constructive knowledge varies depending on the surrounding circumstances. And as a recent case illustrates, establishing a defendant’s constructive knowledge may not be as simple as it initially seems.