In the state of Florida, the property owner is liable for any injuries that occur on the property due to the owner’s negligent behavior, primarily if the injuries were caused by the owner’s failure to manage the property or ensure its safety correctly. Anyone who sustains an injury while on the property of another person, particularly on commercial property, has a good chance of having a valid premises liability claim that they can file against the owner of the property or another person who has control over the area.
In the practice of law, when it pertains to personal injuries, the field of premises liability is a specialist subfield. Those who own property in Florida and knowingly allow a hazardous condition to persist on that property are also breaking the law. However, it is essential to remember that not every harm sustained on another person’s property counts as a valid claim for premises liability. Before a case may move forward, many prerequisites are necessary. Let’s take a closer look at them.
Elements of a Premises Liability Claim in South Florida
Florida law has many conditions under which someone is liable for the accident of another. For a plaintiff to successfully establish that their situation warrants a premises liability claim in South Florida, they must first demonstrate that the defendant was negligent. This typically requires producing evidence demonstrating that the property owner committed a breach of duty, owed the victim a duty of care and that the accident that occurred on the property resulted in economic and physical injuries.
Causation
The injured party is the one who is responsible for providing their own narrative of how they got in touch with the hazardous environment that led to their injuries. In most cases, experts also incorporate the testimony of any eyewitnesses into this stage. At this point, any video evidence that may be available needs submission to the court. Last but not least, there must be medical evidence compiled by a doctor or other licensed medical professional that demonstrates that the injury was the result of the accident and that an unsafe condition on the property is the cause. The plaintiff must present this evidence to move forward.
Proof of Duty of Care
According to Florida law, those who manage and own property are responsible for those who enter the property. It is the owner’s job to ensure that the property is safe for people to access and do business there. Those that enter a property legally are invitees; nevertheless, in some situations, trespassers also have the right to file a claim against the owner.
It is essential to remember that a duty of care obligation on the owner’s part does not necessarily exist in every conceivable scenario. For example, customers of a business are considered invitees and are accorded the highest priority in terms of duty of care. In contrast, trespassers are accorded a reduced duty of care because they did not intend to be on the property in the first place. This is especially the case if there are signs that say “do not trespass” or “danger” put on the land.
In some circumstances, before a premises liability claim in South Florida can proceed, it is necessary first to ascertain the legal standing of the injured person. Therefore, the status of the victim at the time of the accident would be of the utmost significance, particularly if it took place on a business property.
In addition, a person who was initially invited but was later asked to leave and refused becomes a trespasser during the course of the event, and establishing the precise time of the accident in comparison to the time someone told the person to leave could be the deciding factor in whether or not a case moves further or ends up dropped entirely.
Breach of Duty of Care
If this is the case, a victim must demonstrate that the property owner failed to exercise a duty of care. This means that the owner or manager of the property allowed unsafe conditions to exist on the property that could contribute to an accident or injury, such as unstable steps, a hole in the floor, or some other factor that the owner could have remedied. This is true even if the victim was trespassing on the property. Under this element, photographs of the condition that violated the law are typically shown.
Alternately, one could refer to this as “foreseeability on the part of the defendant.” To put it another way, if an accident occurred on a site that was well-maintained and in accordance with occupational and building safety rules, then the property owner might not violate their duties. But, on the other hand, if the property owner knowingly allowed an unsafe condition to continue on their property, even after others raised the alarm about the condition, such as an unlocked or broken gate leading to a pool area where someone later drowned, the property owner would be considered negligent.
For the premises liability legislation in Florida to hold the owner of the business accountable for the accident, the victim must demonstrate that the business owner could have reasonably anticipated the danger that occurred and failed to act in response to it.
Damages
When the courts determine who was at fault and who owed the victim a duty of care, the next step is determining the number of damages owed to the victim. For example, a premises liability claim in South Florida awards damages owed to the victim if the courts find that the victim did, in fact, sustain an injury that has damaged the victim’s quality of life, negatively impacted the victim’s medical health, or resulted in the victim losing their employment or pay.
When determining the amount of awarded damages, several factors are typically taken into consideration by a Florida Premises Liability Lawyer. These factors include medical records documenting injuries’ severity and any medical bills incurred. As a result, testimony from both the victim and the property owner, and any work time missed due to injuries. In the course of the proceeding, it will be essential to demonstrate that the property owner was not behaving reasonably with regard to the carelessness of the premises.
Contact a Premises Liability Expert in South Florida
If you or a loved one sustained injuries from an accident that occurred on another person’s property. In that case, you are aware that medical care costs can quickly skyrocket due to the negligence of the person who caused the accident. Because the laws in Florida relating to property responsibility can be somewhat convoluted, experts recommend that you seek the assistance of an experienced Florida Premises Liability Lawyer.
If you or a loved one has been injured because of an accident. In that case, working with a premises liability attorney with significant experience is in your best interest. Get in touch with a qualified attorney as soon as possible to get your case rolling.
Finding the right premises liability claim lawyer can be difficult. However, at Bodden Bennett Law Group, we have the experience and knowledge to assist you in getting the best compensation. From auto accidents to personal injuries, we are here to help.
Our team of dedicated premises liability attorneys has over 50 years of experience in helping injured individuals get the compensation they deserve. Contact us online or call (561) 806-5229 today to schedule an appointment with us and learn more about your options.
