Slip and fall personal injury cases can gross a large sum of compensation for the injured party in the state of Florida with the proper evidence in hand. An important step to building a successful slip and fall case involving proving a certain amount of neglect on the behalf of the property owner/ manager.
However, not all evidence is created equal. Although one may be able to prove neglect, it may still not be enough to lead to a conviction and payout in court, depending on whether the evidence establishes constructive or actual knowledge of neglect.
Let’s define the difference between the quality of evidence one may collect in a case. Constructive knowledge establishes a foreseeable danger that could’ve been avoided with proper maintenance and upkeep.
This may include video evidence of unfinished repairs without the proper signage posted nearby to advise caution to a casual passersby.
On the other hand however, there is also a more intentional form of neglect which merits more attention in court. Actual knowledge pertains to cases where the property manager or owner willfully ignored and neglected a hazardous scene.
En eye witness account or video footage placing the property manager or owner at the scene of the hazardous environment without taking proper action, is sufficient enough to prove actual knowledge of neglect in court.
Personal injury slip and fall cases in which the injured party is able to gather both constructive and actual knowledge, stand good chances of obtaining financial compensation in court. A professional attorney can help gather essential evidence and build a case which will stand the best chance in court.