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In the state of Florida, landowners, property managers, and premises operators have a legal responsibility called a “duty of care” to visitors and guests who are on their property for regular use or business purposes. When this is breached you have a premises liability.
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Premises Liability and What Duty of Care Means
This duty includes the responsibility to warn invitees and licensees of both hidden and known dangers. For example, notifying customers at a grocery store that there is a spill on aisle 3 with a sign or blockade until an employee can tend to the hazardous condition. Except in limited circumstances, property owners do not owe a duty of care to trespassers.
Failure to Provide a Duty
A breach of duty occurs when a property manager neglects to correct or make necessary repairs to dangerous conditions on their land. Some instances of premise liability negligence include a property owner’s failure to provide adequate security or take necessary safety precautions like fixing a broken lock.
How to Determine Premises Liability
In order to determine whether the property owner is liable to a person who was injured while on their property, it must be established that the property owner actually owed a duty but was negligent in providing this duty which resulted in the accident or attack that caused the victim’s subsequent injuries.
Some questions a court will consider is whether the property owner should have known of the dangerous condition or whether they could have done anything to resolve it? Also, was anyone else to blame for your injuries? And, was it preventable?
Burden of Proof Lies with the Victim
In Florida, to prove premise liability, victims are required to show that there was negligence involved. Thus, a property owner must have failed to act or must not have acted in a way in which a reasonable person would have. Since the burden of proof is on the victim, he or she must provide evidence that the owner had a legal duty, breached the duty, and that breach was the cause or contributorily negligent cause of the victim’s injuries.
Legal Representation in Premises Liability
Proving negligence in a premise liability case can be tricky. Which is why you need an expert legal counsel to litigate your case to make sure you prove the negligent property owner’s failure to act or breach of duty was the cause of your injuries and you get the damages you deserve.
Our Florida personal injury lawyers are experienced in premise liability and will zealously represent you, advocating your case with passion and fervor throughout every step of the way. Contact us for your consultation so we can begin working your litigation strategy.
How the Right Lawyer Can Help with Premises Liability
Our firm conducts its own investigation to determine who was at fault and who was negligent in causing or contributing to your accident. We review all of your property damage repairs and receipts, your medical bills and expenses, proof of your loss of economic wages and other financial expenses incurred due to your accident and we use that to litigate on your behalf and get the maximum payout you deserve for pain and suffering including hospital bills, emergency bills, prescription drugs, lost wages, rental car costs, vehicle repairs.
Our attorneys are experienced in all aspects of personal injury law and ready to litigate on your behalf. That’s why our Florida attorneys are passionate about fighting your case, so we can alleviate some of that financial burden and give you peace of mind. Call our Florida experts to discuss your personal injury or property damage matter. We are here to listen.
- Michael Figueroa
- Lily Gonzalez