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.