Disclaimer: This Inside South Florida segment is sponsored by Demesmin and Dover Law Firm. All opinions and views are of the advertiser and does not reflect the same of WSFL-TV.
Slip-and-fall accidents happen in an instant, but determining whether they’re truly just accidents or potential legal cases requires a closer look. Attorneys Ebony Hankerson and Francisco Llanos from Demesmin & Dover joined Inside South Florida to explain what really matters when proving liability.
The first and most crucial factor: an actual injury. Francisco explains that without a documented injury, whether to the neck, back, leg, or elsewhere, there is no claim to pursue. From there, evidence becomes everything. That includes knowing exactly what you slipped on, how it looked, its color, and where it was located. Many people don’t pay attention in the moment, and Ebony notes that not knowing what caused the fall can significantly weaken a case.
But what if you didn’t report the incident right away? The attorneys say it's still possible to move forward, but it just makes proving liability more challenging. Filing an incident report at the time of the fall is ideal, but not filing one doesn’t eliminate your ability to bring a claim later.
Business owners also carry responsibility. Stores must routinely inspect their premises, clean up hazards promptly, and place proper warning signs. Still, as the attorneys explain, a fall alone doesn’t automatically make a store liable. Under Florida law, you must prove the business had actual notice of the hazard or constructive notice — meaning it existed long enough that they should have known about it.
If you’re unsure what steps to take after a fall, the team at Demesmin & Dover can help guide you through the process. For assistance, contact them at 866-954-MORE (866-954-6673), or visit youraccidentattorneys.com.
