Proving a Premises Liability Claim Under Florida law.

Proving a Premises Liability Claim Under Florida law.

Are Specific Types of Proof Needed to File a Premises Liability Case in Florida?

Yes, it’s valid that, in Florida, certain types of proof must be used, and specific guidelines must be followed to file and present a premises liability case.

Although there are many types of premises liability injuries, such as slips & falls, falling objects, uneven walkways, etc., they all must be presented and proven similarly by your Miami premises liability lawyer.

It’s also true that you can be seriously injured in some of these incidents, be out of work, and have mounting medical and recovery costs, and they can alter your life completely. Therefore, premises liability lawsuits are needed because of the severity of your injuries and are necessary to pursue and acquire the compensation you deserve.

In Florida, premises liability claims fall under a  specific form of negligence claim, and specific rules, regulations, and laws apply to these cases under Florida law.

To correctly file, present your case to the Florida courts, and obtain the outcome you need, your Miami premises liability lawyer must prove the following four points:

  • The owner of the property (or business) or manager owed you a duty of care.
  • The property owner or manager breached this duty of care they owed you.
  • This breach had a direct impact and caused you to suffer your injuries.
  • You had physical or mental damage inflicted on you and caused you harm.

Your experienced Miami premises liability law team will know what needs to be proven and will help gather all pertinent information.

So, it’s paramount that all four of the above-listed elements must be proven by sufficient and clear evidence for you to prevail in your premises liability claim and obtain the total and rightful compensation that you and your family require.

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If I’m Injured on Another’s Property, Does My Reason for Being There Matter?

The simple answer is “Yes.” One of the first things to determine is your “status” for being on the other person’s property. This fact could play a crucial role in helping you to prove and win your premises liability case.

Under current Florida law, property owners don’t owe everyone that comes onto their property the same “duty of care.” The duty of care owed to you when you enter another property is determined by your reasons for being there.

So, when you enter another’s property, you are classified as an invitee, a licensee, or a trespasser; what you are classified as will help determine the duty of care owed to you.

So, your “status” commonly falls into one of three main categories:

  • You are an Invitee – If you go into a grocery store, shopping mall, etc., you are considered an invitee. In this case, all owners and operators must always provide you with high standards of reasonable care.
  • You are a Licensee – You may be family, a friend, a vendor or worker, or any other person the owner has granted permission to be on their property. For example, you are holding a party in your home, so your guests are licensees and have permission to be there.
  • You are a Trespasser – If you are trespassing on another’s property, you don’t have the property owner’s permission to be there, making it extremely hard for you to win your case.

In many Florida premises liability cases, proving your reason for being on another’s property can be ambiguous but is critical in supporting your claim. It’s positively an area where the experience and thoroughness of your Miami premises liability lawyer will prove invaluable.

How Does Florida Law Define “Premises Liability?”

Man who tripped and fellThe legal concept of myriad premises liability cases that typically come into play in these cases concerns where the injury was caused and happened due to unsafe or defective conditions on another person’s property.

All these cases are based on the negligence of the owner of the property to keep their establishment or property safe for you and others.

To win your case in Florida, your aggressive Miami premises liability law team must usually prove that the owner was negligent in maintaining their property.

Generally, “negligence” legally means that the property owner failed to use reasonable care to keep their property safe.

You must note that even if you were injured on another’s property, it doesn’t always mean the owner was negligent. Even if their property might have been unsafe, this doesn’t automatically mean they were negligent.

You and your personal injury lawyer must show that the owner knew, or should have known, that their property was unsafe and failed to take steps to fix the problem.

What Are Some Common Types of Premises Liability Lawsuits?

Various types of personal injury cases can be classified as premises liability cases, just some of these include:

  • Slip and fall cases.
  • Inadequate maintenance of the property resulting in defective & unsafe conditions.
  • Inadequate security leads to muggings, sexual assault, and more.
  • Elevator and escalator accidents.
  • Swimming pool, and amusement park accidents.
  • Fires that may have been prevented.
  • Release of toxic fumes or chemicals due to negligence, and many more.

Premises liability cases include many types of accidents and can cause severe injury. If you have been injured on another’s property and even suspect negligence was involved, your best path is to consult a qualified, professional Miami personal injury law team versed in drafting, presenting, and has a history of winning these lawsuits.

I’ve Been Injured On Another’s Property; What Should I Do?

The wise first step to take, especially if your injuries are serious or you think your condition could worsen, is to consult immediately with a qualified, aggressive, and winning Miami personal injury lawyer.

However, there are some simple and immediate you should take, such as:

  • Get proper medical treatment immediately.
  • Never admit fault at the scene.
  • Collect all the evidence and photos you can (or have someone do it for you).
  • File a police report (if necessary).

Obtaining the professional advice of a personal injury lawyer as soon as possible gives you and your family the best chance of getting the compensation needed to move on successfully with your life. Consult with them first, and don’t leave your future to chance. 

Last updated Wednesday, March 13th, 2024

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