What is "constructive notice" in a slip and fall case?
This means the hazard existed for such a length of time that the property owner would have discovered it if they were exercising reasonable care. We use surveillance video to prove how long a hazard was ignored.
What should I do immediately after falling in a Miami retail store?
Take photos of what caused you to fall (liquid, uneven rug, etc.) and look for witnesses. Do not sign any “waivers” or statements provided by the store’s insurance team until you speak with a Karns & Karns trial lawyer.
Can I recover damages for a slip and fall at an Orlando amusement park?
Yes. These parks are considered “common carriers” in many contexts, meaning they owe visitors the highest duty of care. If a ride or walkway was unsafe, we can hold the park’s corporate owners accountable.
Does a "Wet Floor" sign always protect a business from a lawsuit?
No. If the sign was poorly placed, hard to see, or if the hazard was so severe that a sign wasn’t enough to prevent the injury, the business can still be held liable for negligence.
Who is responsible if I slip on a spill in a Phoenix grocery store?
The store is responsible if they had “actual or constructive notice” of the spill. If an employee knew about it or if it was there long enough that they should have known, the store is liable for your medical bills and pain.
Does a "wet floor" sign always protect a business from a slip and fall claim?
No. If the sign was poorly placed or the hazard existed for an unreasonable amount of time, the business can still be held liable for your injuries.
What is "negligent security" in a premises liability case?
It is a claim that a property owner failed to provide reasonable security—like lighting or locks—to protect visitors from foreseeable criminal acts, such as assault in a parking lot.
What are the requirements for proving a dangerous condition on public property (e.g., a sidewalk)?
Suing a public entity requires proving the entity had actual or constructive notice of the dangerous condition (e.g., a severely cracked sidewalk) and failed to fix it within a reasonable time. This requires filing a formal notice of claim, which has very short deadlines.
Who is responsible for a slip and fall in a grocery store?
The grocery store is typically responsible if the store’s employees knew or should have known about a dangerous condition (e.g., a spill) and failed to clean it up or provide a warning within a reasonable amount of time.
What evidence is needed to prove a business was negligent in a slip and fall?
You need evidence that the business knew, or should have known, of the hazard. This can include: surveillance video (which must be preserved quickly), witness statements, employee maintenance logs (showing the last time the area was cleaned or inspected), and incident reports.
What is the difference between a "slip and fall" and a "trip and fall"?
A “slip and fall” occurs when a slick or wet surface causes you to lose your footing. A “trip and fall” occurs when your foot catches on an obstacle, like a cracked sidewalk, a loose cable, or an uneven surface. Both are considered premises liability cases.
What is "comparative negligence" in a slip and fall case?
In states like California, if you are found to be partially at fault for your accident (for example, you were distracted on your phone), your final compensation can be reduced by your percentage of fault. This is why it’s important to have an attorney who can fight to minimize your percentage of blame.
Can I still file a claim if a "wet floor" sign was present?
Yes, it is still possible to have a valid claim. The presence of a sign is a factor, but not an automatic defense. A jury may still find the property owner liable if the sign was placed in an area that was hard to see, or if the wet condition was present for an unreasonable amount of time.
Can I sue a property owner if a dog bit me at a local park or public place in Sacramento?
Yes. California’s dog bite statute makes the owner strictly liable regardless of where the bite occurred, provided the victim was lawfully present. Your case would be against the dog owner, not the City of Sacramento, unless the city failed to enforce dog safety rules on its property.
What immediate steps should a victim take after a dog bite to preserve their legal claim?
Immediately seek medical attention. Document the wounds with photos and gather the dog owner’s contact and insurance information. Crucially, in many states, you do not need to prove the dog had a history of aggression; the owner is strictly liable.
What is the liability of a landlord or property management company for tenant injuries?
A landlord has a non-delegable duty to maintain safe common areas (stairwells, parking lots, walkways). They can be held liable for injuries caused by code violations, poor lighting, or known maintenance issues they failed to fix.
How does a lawyer prove 'actual' versus 'constructive' notice of a dangerous condition?
Actual notice means the owner actually knew (e.g., an employee created the spill). Constructive notice means the owner should have known because the hazard existed for an unreasonable amount of time (e.g., a quart of milk spilled 3 hours ago). Proving constructive notice often requires employee testimony or surveillance video.
What is "negligent security" in a premises liability case?
Negligent security is a claim that a property owner (e.g., an apartment complex, nightclub) failed to take reasonable steps to protect visitors from foreseeable criminal acts. This requires proving the area had a history of crime and the owner failed to provide basic protection (e.g., broken gates, poor lighting, or inadequate security staff).
What elements are required to prove a successful negligent security claim against a business?
A negligent security claim requires proving the business was aware of a high risk of criminal activity (foreseeability) but failed to take reasonable protective measures, such as hiring security, installing proper lighting, or maintaining working cameras.