How to Prove Negligence in a Premises Liability Case in Florida
A simple slip on a wet floor, a trip over uneven pavement, or a fall on a poorly lit stairway can turn into a nightmare of medical bills and missed workdays. But when it happens on someone else’s property due to their negligence, you may have a premises liability case.
Each year, about 800,000 people in the United States are hospitalized due to injuries sustained in slip-and fall-accidents. While these incidents can happen for an endless number of reasons, if the accident occurred due to someone else’s negligence, it may constitute a premises liability case.
Under Florida law, property owners have a legal responsibility to maintain safe premises. This means ensuring the property is free of slipping and tripping hazards, has adequate lighting, and complies with all the requirements of applicable building, housing, and health codes. Failing to do so may create liability if an injury results from negligent construction or maintenance. However, proving negligence in a premises liability case is not always easy—it’s like piecing together a puzzle while the clock ticks.
In this blog, our Florida slip-and-fall attorneys explain the legal conditions of premises liability cases, including how the court and insurance companies determine negligence, and how to hold property owners accountable.
Have you been injured in a slip-and-fall or trip-and-fall accident in Florida? The experienced injury attorneys at Avera & Smith have helped hundreds of slip-and-fall accident victims hold property owners accountable and recover compensation for medical bills, financial losses, and pain and suffering. If you believe you have a premises liability case, contact us immediately at 800-654-4659 for a free consultation.
What is premises liability?
Under Florida law, premises liability is the legal concept that holds property managers and owners responsible for injuries that occur on their property due to negligence or hazardous conditions. Premises liability cases have two components:
- Duty of care: The property owner has a duty to maintain his or her property in a reasonably safe condition for visitors.
- Liability: If the property owner does not maintain his or her property in a reasonably safe manner, and a visitor is injured due to the unsafe conditions, the property owner can be held liable.
In Florida, the statute of limitations for premises liability cases is two years from the date of the incident. Some cases may have shorter deadlines if a municipality is involved. Therefore, it’s important to take immediate action and contact an experienced premises liability attorney right away to ensure your rights are protected.
Common examples of premises liability cases in Florida
While premises liability cases can include any type of incident that occurs due to negligence property conditions, the most common examples of premises liability cases in Florida are:
- Slip-and-fall accidents: Wet floors in businesses and stores without warning signs.
- Uneven surfaces: Cracked sidewalks, missing handrails, or broken stairs.
- Poor lighting: Dimly lit parking lots or dark entryways obscuring hazards.
- Negligent security: Failing to provide adequate security in areas prone to criminal activity.
- Falling objects: Merchandise falling from improperly stocked shelves.
Each of these scenarios can lead to severe injuries, but establishing the property owner’s responsibility is critical to proving negligence in a premises liability case.
What does it take to prove negligence in premises liability cases?
To successfully bring a premises liability case in Florida, you must meet the requirements of Florida Statute 768.0755. This statute outlines that an injured party must prove:
1. The existence of a hazard: There must have been a dangerous condition, such as a spill or structural defect, on the property.
2. Knowledge of the hazard: The property owner must have had either:
-
- Actual knowledge: They were directly aware of the hazard (e.g., they or an employee saw the spill).
- Constructive knowledge: The hazard existed long enough that the owner should have discovered it with proper maintenance or inspections.
3. Failure to address the hazard: The property owner failed to fix or adequately warn visitors about the hazard.
4. Causation and injury: The hazard directly caused the injury, and the injury resulted in damages (e.g., medical bills, lost wages, pain and suffering).
Bottom line: It’s not enough to simply be injured on someone else’s property. You must tie the injury directly to the property owner’s negligence.
How to prove negligence on behalf of the property owner
Proving negligence involves gathering solid evidence that connects the property owner’s actions (or inactions) to your injury. Here are key steps:
- Gather evidence of the hazard
- Photographs: Take pictures of the dangerous conditions immediately after the accident.
- Video surveillance: Request footage that may show the hazard and the property owner’s lack of action.
- Witness statements: Collect contact information and statements from anyone who saw the incident or the hazard.
- Document the owner’s knowledge
- Inspection records: Evidence that regular inspections were not conducted or hazards were reported but ignored.
- Previous complaints: Records of similar incidents on the property.
- Employee testimony: Statements from workers acknowledging the presence of the hazard.
- Medical evidence
- Records and reports: Show that your injuries were directly caused by the hazard.
- Expert testimony: Physicians or safety experts can testify about the severity of the injuries and the hazard’s role in causing them.
- Address comparative negligence: Under Florida’s comparative negligence rule, your compensation may be reduced if you’re partially at fault. For instance, if you were distracted or wearing inappropriate footwear, the defense may argue you share the blame. This can be countered with evidence showing the hazard was unavoidable or inadequately marked.
Why premises liability cases require expertise
Navigating Florida’s premises liability laws is no small feat. Between gathering evidence, negotiating with insurance companies, and preparing for potential court battles, these cases demand meticulous legal strategy. If you’re injured due to a property owner’s negligence, consulting with an experienced premises liability attorney can make the difference between a dismissed claim and a fair settlement.
Injured in a slip-and-fall accident in Florida?
Call 800-654-4659 for a free case review
Premises liability claims are about more than compensation—they’re about holding property owners accountable for unsafe conditions. Whether it’s a slippery floor or an unlit staircase, don’t let a negligent property owner sidestep responsibility.
If you’ve been injured due to the negligence of a property owner, contact Avera & Smith for a free case review. Our experienced injury attorneys have a proven track record in Florida premises liability cases. Our team specializes in this area of law, with over 70 years of experience handling complex liability issues. We understand how to build strong cases, negotiate effectively with insurers, and present compelling arguments in court when necessary.
Take the first step. Request a free case review through our online form or call 800-654-4659 to speak with one of our attorneys.