It is the responsibility of all property owners to maintain a safe environment
for all who visit or work on their premises. If they fail to uphold a
certain duty of care in maintaining their grounds, they may be responsible
for any accidents that occur on their property.
What do you have to prove in order to pursue a premises liability claim?
Under Florida State laws, an individual who has been hurt in a
slip and fall accident on someone else’s property can only pursue a
premises liability lawsuit if they are able to prove certain aspects of their claim to be true.
The injured party must show the following two things to be true:
1.That there were dangerous conditions existing on the property.
You may be asking yourself, what constitutes a dangerous condition? It
involves any situation that any reasonable individual would not have expected
the condition to have occurred and that presented an unreasonable risk of harm.
2.The property owner knew about these dangerous conditions, but failed to
attempt to fix the problem.
Proving that a property owner knew about these conditions, yet did nothing
to remedy the situation, can be quite tricky to do alone. An experienced
attorney can utilize the concept of “constructive knowledge”
under the Florida Statute 768.0755 to prove one of the following:
- The existence of the dangerous condition had been there for such a long
time that the business or property owner should have known about it.
- That the dangerous condition occurred frequently, allowing any reasonable
individual to foresee that it would happen again.
Call Rosenberg & Rosenberg – 160+ Years’ Combined Experience
We understand that it can be extremely difficult to prove liability in
your slip and fall case without the help of a knowledgeable legal advocate. At our
Fort Lauderdale personal injury law firm, we have recovered millions of dollars for past clients, always working
tirelessly to obtain positive verdicts and settlements on behalf of our clients.
free initial consultation by calling our Ft. Lauderdale premises liability attorneys at (888) 499-6206!