Port Everglades Cargo Ship Slip And Fall
A cargo ship located at Port Everglades was the site of a slip and fall accident recently when a woman fell on the top deck and had to be retrieved by ladder. According to reports, the woman was taken to the hospital with unknown injuries as a result of the accident and, while details about exactly what happened are sparse, the Miami area is no stranger to the dangers associated with slip and fall incidents on ships of all types.
Slippery Deck Hazards
With its vibrant shipping and cruising industries, shipboard activities can easily and quickly lead to injuries of all types and severity. What starts out as a romantic or fun-filled moonlight stroll on the deck can quickly become an emergency medical situation. Cruise ship decks are notoriously slippery surfaces and narrow or steep stairwells can present hazardous conditions for even the most seasoned cruise ship travelers. A simple slip and fall can result in serious injuries to the legs, arms, neck or back including bruises, cuts, sprains, or even fractures. When these accidents occur, who bears the blame?
In Florida, the concept of premises liability is most often a part of any slip and fall case, whether on land or at sea. Under Florida Code Section 768.0755, a business is liable for any injuries suffered by people on the business premises if the business had knowledge – whether constructive or actual – of the dangerous condition that led to the accident and injury and should have done something about the condition. So in the case of a cruise ship slip and fall, the cruise line should know that there is always a chance that a deck will be slippery and it should take action to ensure that the conditions are addressed; if not, they can be held liable for the injuries caused as a result of the hazardous condition.
Constructive Versus Actual Knowledge
So what does it mean to have knowledge of a dangerous situation, in a premises liability context? And what is the difference between constructive and actual knowledge? Actual knowledge is exactly that – the business owner actually knows of the situation. Constructive knowledge, on the other hand, is a more elusive concept; basically, a business owner is said to have constructive knowledge of a dangerous condition if the evidence shows that either the condition existed for long enough that the business should have known of the condition or the condition was foreseeable because it happened regularly. In those scenarios, even if the business was not aware that the condition was actually present, they should have known it could have been.
Contact Us Today for Professional Representation
If you have been injured as a result of a slip and fall accident, you may be able to receive compensation for your injuries. It is important to speak with an attorney experienced in these types of matters who will be able to fully assess your case and determine the best way to proceed with holding the correct parties accountable for their actions – or inactions – that led to your injuries. The Miami attorneys at the office of Alan Goldfarb, P.A. are here to help. With our background of handling all types of personal injury matters, including slip and fall accidents such as yours, we have the experience you can trust. Contact us today and let us get started working towards getting you the compensation you are entitled to receive.