01The dangerous condition must be identified
A claimant should be able to explain what caused the slip or trip with as much specificity as the evidence permits. The source, appearance, size, location, duration, and surrounding activity can affect the analysis.
Photographs should include the condition itself and the larger setting. A tight photograph may show liquid, but a wider photograph can show nearby employees, carts, food service, drains, roof lines, warning signs, or cameras.
02Notice must usually be proven in a spill case
For a transitory foreign substance in a business establishment, section 768.0755 generally requires actual or constructive knowledge. The evidence may include how long the substance was present or whether the same condition happened regularly and was foreseeable.
Video, inspection timing, witness observations, footprints, dirt, drying, recurring water, and employee activity may support or defeat that proof.
03The location determines the evidence and potentially the parties
A hotel lobby, ride queue, third-party restaurant, transportation platform, and park walkway may be controlled or serviced differently. The investigation should identify the property, operator, contractors, and employees connected to the precise area.
A broad request addressed only to “Disney” may miss records held by another operator or vendor.