If you recently lost your footing in a Lakeland grocery store due to a spill or poor upkeep, you are probably uncertain what your next steps should be. You do have the right to seek fair compensation for your injuries following a slip and fall, but knowing when the spill occurred can be crucial to your claim.
Two pieces of evidence can greatly aid in the success of your Lakeland grocery store slip and fall claim: maintenance logs and surveillance video. In this article, our Lakeland slip and fall accident attorneys discuss why timing matters in these cases and the evidence used to prove fault when seeking compensation.
Why Spill Time Matters Under Florida Law
Under Florida Statutes § 768.0755, the law covers several key issues regarding slip and fall cases:
- Transitory foreign substances: Any temporary item or substance, such as a liquid, located somewhere it should not belong, such as a grocery store aisle
- Actual knowledge: Any employee of the grocery store who had seen the spill or was told of the spill
- Constructive knowledge: Any spill that existed long enough or occurred frequently enough that the store should have known of its existence through regular inspection
This law does not mean a grocery store is automatically at fault when someone falls. For a successful slip and fall claim, the injured party must prove that the grocery store knew or should have known bout of the dangerous condition.
The critical point in these cases is the length of time the spill existed. Whether the spill was present for 30 seconds or 30 minutes can play a key role.
Grocery Store Inspection Policies and Cleaning Logs
Every negligence case relies on proving four key factors:
- Duty of care: The grocery store’s responsibility to keep floors clear of hazards
- Breach of duty: The grocery store failed to address a known hazard
- Causation: The victim’s slip, trip, and fall due to the hazardous condition
- Damages: The victim’s measurable losses, such as medical bills and lost income
For slip and fall cases, when the breach occurred and how long it existed determines the strength of a claim. We prove these elements with evidence. Two key pieces of evidence for a Lakeland proceri store slip and fall are inspection logs and surveillance video.
Many Lakeland grocery stores require their staff to schedule aisle inspections. This includes:
- Floor walks: Routine inspections of aisles for spills and debris
- Cleaning checklists: Documents showing when, where, and what was cleaned and by whom
- Sweep logs: Documents showing when floors were swept and by whom
These records can help strengthen your claim. For instance, if there was no inspection recorded for hours where you fell, that evidence may support constructive notice.
Surveillance Video: A Critical Piece of Evidence
The second type of evidence used to establish spill time is video footage. Most grocery stores in Lakeland will have surveillance cameras. Though primarily used to prevent or prosecute shoplifting, this evidence may show:
- When the spill first occurred
- The cause of the spill
- Whether employees walked past the spill
- How long did the spill remain unattended
- The condition of the floor after the spill (dirty, tracked through, spreading)
With video evidence, you can show how the grocery store should have known about the spill and acted to prevent harming their visitors.
You should also be aware that surveillance video is often deleted within days or weeks. It is incredibly important to act quickly to preserve this evidence before it is destroyed. You can do so by submitting a spoliation letter, which orders the recipient to hold and make available such evidence to you.
Other Ways Spill Duration Can Be Proven
In addition to logs, reports, and video is witness testimony. Witness can include:
- Other shoppers who saw the spill earlier
- Employees who were notified
Witness can corroborate the conditions you witnessed and possibly add new details you were unaware of at that time. Employees may even state how long the hazardous condition existed and its source.
There are also incident reports. If you have suffered injuries in a fall, you can request that an incident report be created and a copy made available to you for your claim.
Finally, you can also request a copy of the grocery store’s policies regarding high-risk areas, like the produce section and the freezer aisle, places where water may pool and collect.
How a Lakeland Slip-and-Fall Lawyer Can Help
In most cases, people who suffer serious injuries in slip and falls are not in a position to submit spoliation letters or gather evidence for their claim. Most need the time to recover. That’s where a Florida slip and fall accident lawyer can help. A personal injury law firm can:
- Immediately investigate the store before any evidence disappears
- Send preservation letters for video footage
- Obtain inspection logs and internal store policies
- Question employees and corporate representatives
- Work with experts to analyze surveillance timing
- Handle insurance companies that may argue the spill “just happened.”
- Provide legal guidance
- Take your case to trial if negotiations fail
A personal injury lawyer will have the knowledge to demonstrate constructive knowledge.
What to Do After a Grocery Store Slip-and-Fall in Lakeland
If you suffered injuries after a slip and fall in a Lakeland grocery store, you should:
- Report the incident immediately and request a copy of the incident report
- Take photos of the spill, the surrounding area, and the lack of warning signs
- Get witness contact information
- Seek medical attention immediately
- Avoid giving recorded statements to insurance adjusters without advice
Then, call the Law Offices of Wolf & Pravato.
Reach Out to Us Today Before the Statute of Limitations Expires
Your time to act is limited. Accident victims typically have two years following an accident to file a personal injury lawsuit.
Call us today at (844) 643-7200 and learn how the Law Offices of Wolf & Pravato can help. The consultation is free, and our lawyers work on a contingency fee agreement. You pay no attorney’s fees unless we win.