Practice Area Spotlight – Premises Liability

Premises Liability in Florida

Premises liability refers to the legal responsibility a property owner has to maintain their property in a safe condition for guests. Under Florida laws, property owners have certain obligations to maintain reasonably safe premises under certain conditions and to warn others of any unsafe conditions under certain situations. Property owners have an obligation to keep their land and buildings on their land safe for authorized visitors and those with business purposes there. Premise liability cases come into play when an injury occurs on someone’s property that was caused because of risky, dangerous, or faulty conditions. Slips and falls are one of the most common forms of premises liability.

Not only can landowners be held responsible under premises liability, land possessors, such as a person who rents a house or a store owner leasing a facility, may also be liable. The attorneys at Woolsey Morcom are experienced at holding property owners accountable for their negligence or reckless conduct.

Examples of Premises Liability Cases

Premises liability covers a wide range of case types, and it’s important when researching prospective lawyers to find an attorney with experience in the area that is most relevant to your claim.

Our attorneys at Woolsey Morcom have experience with:

·       Slip and fall cases

·       Supermarket & department store accidents

·       Insufficient security

·       Dog bites or animal attacks

·       Falling or flying objects

·       Ceiling collapse

·       Elevation accidents

·       Fire safety & building codes

·       Defective stairwells/ staircase accidents

·       Electricity and electrocution

·       Defective sidewalks

·       Inadequate lighting

In order to win a premises liability case, like many other cases, the plaintiff must be able to prove that their injuries were in direct relation to the negligence of the property owner. Some ways you can prove this is through your testimony, the testimony of any treating doctors, or by providing your medical bills and expert testimony in regards to the injuries you have sustained. No matter what your premises liability case may be, Woolsey Morcom is here to help with the necessary resources and experience. 

How Do You Prove Premises Liability?

Your attorney must prove premises liability before you can successfully hold a property owner liable for your accident and secure a financial recovery in Florida. The burden of proof in all civil actions rests with the injured party or plaintiff. It is the plaintiff’s responsibility to prove the defendant’s fault for causing or failing to prevent the injury in question.

Proving a premises liability case requires four main elements:

1.     The Defendant is Legally Bound to the Property

The defendant was the individual or entity who owned or controlled the property at the time of the accident. This fact establishes that the party is the correct defendant and his or her legal obligation to keep the property in reasonably good condition.

2.     The Defendant Acted With Negligence

The defendant was negligent; he or she failed to use the correct degree of care as required by the circumstances. A defendant’s negligence will depend on your status as an invitee, licensee or trespasser, as well as what is reasonable for the situation.

3.     The Plaintiff Was Injured

The defendant’s negligence was a direct or substantial factor in causing your harm. The defendant’s breach of the duty of care must be what caused your accident. If something else caused the accident or injury, the property owner won’t be liable.

4.     The Defendant’s Negligent Actions Caused the Injury

Finally, you must prove that you were injured or harmed in the accident in question. This may take evidence such as medical bills, pay stubs and photographs of your injuries.

A Florida premises liability attorney can take care of evidence preservation and presentation on your behalf. Evidence may include photographs, CCTV surveillance footage, eyewitness statements, accident reports, medical records, letters from your doctor or employer, medical bills, pay stubs, and testimony from hired experts.

What Compensation Can You Get In A Premises Liability Lawsuit? 

An injured victim in a premises liability case can get compensation for the following:

1.     Economic damages. They can include existing medical bills, future medical treatments, physical therapy, rehabilitation, medications, lost wages, property repairs, legal fees, and travel costs.

2.     Noneconomic damages. These are emotional losses suffered in the accident. You could recover compensation for your pain and suffering, emotional distress, mental anguish, trauma, inconvenience, lost quality of life, loss of consortium, scarring or disfigurement, and more.

3.     Punitive damages. Rather than making the victim whole again, punitive damages serve to punish a defendant for especially wrongful or negligent acts, such as gross negligence. It is up to a judge’s discretion whether or not you receive punitive damages in a premises liability case.

Work With an Experienced Premises Liability Lawyer

If you have been injured in an accident that could have been prevented if a property owner had simply taken more care to remove a hazard or alert you of dangerous conditions, you could have grounds for a premises liability claim. To learn more about your rights as an injured victim and how you can seek compensation for your damages, speak with one of the experienced lawyers at Woolsey Morcom. 

Contact our firm online or call (904) 638-4235 for Free Consultation right away.

Scroll to Top