Negligence Standards For Premises Liability Cases

“Premises liability” is the legal name for the concept that landowners have a duty to others to prevent unreasonable harm when they visit a property. It is often used when someone is hurt or injured in a number of scenarios. For instance, if you were injured by another patron at a bar who had become aggressive, you may have a premises liability claim against the bar.

Buildings are supposed to be kept in a safe condition, so if you fell because a stair railing broke, that would likely be premises liability. Slip-and-fall cases, like those involving spills in a store, are also a type of premises liability matter.

These claims are often difficult and complex. There are different legal standards for different individuals. If you visit a store, restaurant or other places of business, you are a business invitee, and the property owner has a duty to prevent accidents from leaving invitees injured.

If you are a “licensee” who is invited explicitly or impliedly, the property should be safe, or the owner should warn of hazards. A “trespasser” is one who typically has no right to be on the land. Trespassers are owed the lowest duty of care.

Preserve Evidence And Identify Witnesses

Other issues involve collecting and preserving evidence. If you attacked in a bar, you will need witnesses and a strong case that you were not the instigator of the fight. Cases with children are also complex, as even if they were trespassing, landowners may still owe them a higher duty. Dog bite injury cases are complex cases as well.

At Tuttle Larsen, P.A., our lawyers can help you with any matters involving questions of premises liability. We can explain the law in Florida, discuss the facts of your case, your injuries and help determine if they present a viable circumstance of negligence on the part of the property owner.

Frequently Asked Questions About Premises Liability

Who is responsible when someone falls at a business?

When you are injured in slip and fall or trip and fall accident, a property owner is only responsible under Florida law if the injured party can prove that the property owner was negligent.  Generally, the injured party must prove that there was a dangerous condition that caused the fall and that the property owner knew or should have known about the dangerous condition prior to the fall.

What are the common causes of slip and fall and trip and fall accidents?

Slip and fall accidents are often caused by liquid on the floor of a business.  It can be very difficult for a customer to detect the presence of a clear liquid on the floor of a store.  Trip and fall accidents are often caused by uneven or poorly maintained walkways.  After these incidents occur, business owners often try to blame the injured party.

What should I do immediately after a slip and fall or trip and fall accident?

You should take photos of the dangerous condition that caused you to fall.  Once a spill is cleaned, defendants will often try to deny that a dangerous condition ever existed.  Also, it is important to get the names of witnesses.  Many clients tell us that other customers came to their aid after a fall and that the other customers commented about the dangerous condition.  Do not count on the store to get the names of these witnesses.

How long do I have to pursue a slip and fall claim?

Generally, the statute of limitation in Florida for a slip and fall case is four years.  That means that a lawsuit must be filed within four years of the date of the accident or you will lose the right to seek compensation.  If the defendant is a government entity, there is an additional requirement that the injured party put the government entity on notice of the claim within three years.

Contact Us Today If You Have Injuries

If you were injured in a store, restaurant or another business, our lawyers can help. Call our Vero Beach office to make an appointment at 772-571-4441 or use our online contact form.

Premises Liability Claim Steps

As a premises liability lawyer from Tuttle Larsen, P.A. knows, premises liability claims in Florida are legal cases that involve injuries or damages that occurred on someone’s property within the state. If you have been injured on someone else’s property in Florida, you may be able to file a premises liability claim to recover compensation for your injuries and damages. Here are some important steps to take if you believe you have a premises liability claim in Florida:

1. Determine the Type of Premises Liability Claim. There are several types of premises liability claims in Florida, including slip and fall accidents, dog bites, and negligent security. Determining the type of claim will help you understand the legal process and build a strong case.
2. Document the Incident. Documenting the incident is crucial for your case. Take photographs of the location where the injury occurred, including any hazards or dangerous conditions that may have caused the injury. If there are witnesses, get their contact information and ask them to provide a written statement detailing what they saw.
3. Seek Medical Attention. Seeking medical attention after an injury is essential for your health and your legal case in Florida. Even if the injury seems minor, it is important to get a professional evaluation to assess the severity of the injury and prevent any potential infections.
4. Notify the Property Owner. Notify the property owner of the injury as soon as possible. This will help establish a record of the incident and ensure that the property owner takes steps to address any hazards or dangerous conditions on their property.
5. Contact a Premises Liability Lawyer. Contact a lawyer experienced in premises A seasoned lawyer will help you navigate the legal process in Florida and ensure that you receive the best possible outcome.
6. Gather Evidence. Gather any evidence related to the incident, including medical records, witness statements, and any other documentation that supports your claim. This evidence will be critical in building a strong case and maximizing your compensation.
7. File a Claim. If you have sustained injuries from a premises liability incident in Florida, you may be entitled to compensation. A personal injury lawyer can help you file a claim against the property owner to recover damages for your medical expenses, lost wages, pain, and suffering.
8. Negotiate a Settlement. In many cases, premises liability claims are settled out of court through negotiation with the property owner’s insurance company. A lawyer can help you negotiate a settlement that provides fair compensation for your injuries and damages.

Reach Out To Our Law Office Now

If you have been injured on someone else’s property in Florida, following these steps can help protect your legal rights and ensure that you receive fair compensation for your injuries and damages. Remember to document the incident, seek medical attention, notify the property owner, and contact an experienced lawyer in Florida. By taking these steps, you can navigate the premises liability claims process with confidence and ease. To see what a lawyer can do for you, reach out to Tuttle Larsen, P.A. to schedule a consultation with our premises liability lawyer now.