What Is Premises Liability Law in Florida?
Premises liability law is a type of personal injury case governing a property owner’s obligation to tenants, guests, or patrons. Generally speaking, Florida law requires owners to keep their property safe.
This may mean that they are responsible for keeping elevators, escalators, and stairwells well-maintained, ensuring adequate lighting, or keeping vicious animals appropriately contained. Failure to do so can result in a premises liability lawsuit. Keep reading to learn more.
Indicators of Premises Liability in Personal Injury Cases
The defining feature of a premises liability case is the property owner’s responsibility. A parking lot collision where someone backs into you is typically considered a pedestrian accident and isn’t necessarily a result of property owner negligence.
However, if the car hits you due to overgrown landscaping and poor visibility, this may alter the situation. When their failure to maintain a safe area causes your injury, it may be grounds for a premises liability claim.
Slip and Fall Accidents
Under Florida law, a property owner may be liable for a slip and fall accident if the injured party can provide evidence that the owner knew or should have known of the danger and failed to remedy it.
Dog Bite Incidents
Dog bites often fall under the umbrella of premises liability because they are likely to occur on or near the owner’s property. It is the owner’s responsibility to ensure their home is safe and that potentially dangerous animals are secured.
Negligent Security
Negligent security cases typically relate to situations in which a business or property owner failed to implement appropriate safety measures. This may include situations in which someone is assaulted at an event that had inadequate security, or an apartment that was broken into because a landlord failed to replace a broken window latch.
Drowning or Pool Accidents
If a property owner has a pool on the premises, they are responsible for securing it and making sure the appropriate rescue devices are available in case of an accident. Pools are often considered significant liabilities, which is why homeowners’ insurance providers often increase rates to cover properties with bodies of water.
Establishing Your Premises Liability Claim
Sustaining an injury on someone else’s property is the start of a premises liability claim, but to make a successful legal argument for owner liability, you must establish the four components of negligence. These are:
- Duty: You must show that the property owner had a duty to you to take action that would have prevented your accident.
- Breach: You must provide evidence that the property owner breached that duty.
- Causation: You need to show that the negligent party’s conduct caused the accident.
- Damages: You must show that the accident caused injuries or that you sustained damages because of it.
In many premises liability cases, this connection is relatively straightforward. However, you still must meet the burden of proof to show that they were negligent and that their negligence is more likely than not to have caused your injuries.
Challenges in Florida Premises Liability Cases
One of the more challenging aspects of this is often showing that the property owner should have been aware of the issue.
If you are filing a premises liability claim, remember that you are likely working against an insurance company with significant resources and a team of attorneys on your side. It can be beneficial and level the playing field to speak with an attorney who can help you navigate these challenges and help you prepare your case.
Contact a Jacksonville Premises Liability Lawyer at Baggett Law Personal Injury Lawyers for a Free Consultation
If you’ve been injured on someone else’s property, our experienced Jacksonville premises liability attorneys can help you hold negligent property owners accountable. Contact Baggett Law Personal Injury Lawyers today for a free consultation, and learn how we can fight for the compensation you deserve.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
