An owner or manager of property in Florida ought to take reasonable care to ensure that persons on their property are not injured. However, it is not unusual for visitors to a property to get injured while on the premises. If you have suffered any personal injury on another person’s property in Florida, you can recover compensation from that person. American states have their unique laws on premises liability. It would be best to ignore all you may know about other states and read this article. You should also consult a Florida personal injury lawyer to aid you with your case if you have been injured on any person’s property.
Examples of Premises Liability Cases
There are many instances where an owner or manager of premises may be liable for a visitor’s injuries. Some of them are:
- Slip and Fall Accidents: These types of accidents can occur in many ways, such as wet and oily floors, defective staircases, balcony/roof accidents, broken or loose floors, sidewalks, or stairs, hidden appliance cords, etc.
- Poor Building Security
- Swimming pool accidents
- Animal and dog bites
- Amusement park accidents
- Fire on the premises
- Water leaks or flooding
- Harmful fumes or chemicals
- Elevator or escalator accidents
- Premises machinery accidents
- Falling Building appendages
- Concealed holes
Elements of Premises Liability Cases
Florida’s premises liability law aims to protect visitors from harm on another person’s property. Premises liability cases typically involve negligence on the part of the person in charge of the premises. This means that the essential elements of negligence are necessary for a successful premises liability claim.
Any victim of injuries on a property in Florida will have to prove the following:
- That the defendant was in control of the premises when or where they (the plaintiff) were injured.
- That they were on the premises with the owner or manager’s consent.
- That the property owner had a duty of care to safeguard visitors on the property, this isn’t difficult to prove as it is imposed by law.
- That the property owner or manager breached this duty of care.
- Finally, the plaintiff must prove that they suffered an injury due to the breach of duty. Following this, they sustained losses.
Classes of Persons on a Premises
There are three major classes of persons who could be on a property. They are:
- Invitees: Invitees enter upon a land owner’s property for a purpose in which they have a common interest. The premises owner or manager owes this class the highest duty of care to keep the premises safe.
- Licensees: A licensee enters another’s property to pursue their pleasure or interest.
- Trespassers: A trespasser is one who is on a property without the permission of the owner. The landowner owes this class of persons the lowest duty of care. The landowner merely has not to cause them intentional harm and protect any children with them.
Comparative Fault Theory
It would help if you bore in mind that an owner of premises slammed with a premises liability suit will not relish paying compensation. They may try to avoid or reduce compensation by claiming comparative fault or contributory negligence on your part.
The comparative fault means that the injured person’s injury was partly their fault. Here, the premises’ owner is saying that although they may have been negligent, you wouldn’t have been injured or that your injury would have been less serious if not for your own actions. An instance is where you walked carelessly on a wet or slippery floor. This further explains why you need a Florida personal injury lawyer to help you navigate your claim against the premises’ owner.
If you successfully prove the liability of the premises’ owner/manager for your injury, you can receive monetary compensation which can cover:
- Medical expenses for treating the injury.
- Damaged property.
- Lost wages.
- Cost of hiring personal help because of the injury.
You can also receive compensation for pain and suffering occasioned by the injury, loss of enjoyment of life, care, and companionship. Finally, where the conduct of the defendant so demands, the court may impose punitive damages.
Act Fast! Get Help from Personal Injury Lawyers in Florida
The statute of Limitations in Florida gives you a four-year limit to file your premises liability suit. While this appears to be ample time, it would be best if you acted immediately. For instance, you should get medical attention directly after an injury on another person’s property. The urgency is because medical evidence, such as a doctor’s report, is crucial in proving premises liability claims. A Florida personal injury lawyer will be able to guide you in gathering and storing evidence for your claim. Our lawyers will also help you navigate this time limitation.