Premises Liability

What is Premises Liability?

Premises liability refers to the legal responsibility of property owners or occupiers to ensure the safety of individuals who enter their premises. This includes maintaining a safe environment, repairing hazards, and warning visitors of any potential dangers. When property owners fail to uphold their duty of care and someone is injured as a result, they may be held liable for damages.

Premises liability cases can arise from various situations, including:

• Slip and Fall Accidents: Slippery floors, uneven surfaces, or inadequate lighting can all contribute to slip and fall accidents on someone else’s property.
• Trip and Fall Accidents: Uneven sidewalks, loose floorboards, or debris in walkways can cause individuals to trip and fall, leading to serious injuries.
• Negligent Security: Property owners have a duty to provide adequate security measures to protect visitors from foreseeable criminal acts. Failure to do so can result in assaults, robberies, or other violent incidents.
• Dangerous Conditions: Property owners must address dangerous conditions such as broken stairs, defective handrails, or exposed wiring to prevent accidents and injuries.
• Dog Bites: Dog owners are responsible for controlling their pets and preventing them from causing harm to others. Victims of dog bites may be entitled to compensation for their injuries.

Florida Premises Liability Laws

In premises liability cases, the injured party must demonstrate that the property owner’s negligence directly caused their injuries. This typically involves proving that the property owner knew or should have known about a hazardous condition and failed to take reasonable steps to address it or warn visitors.

Florida law categorizes visitors to a property into three main categories:

• Invitee: Invitees are individuals who are invited onto the property for the owner’s benefit, such as customers in a store. Property owners owe the highest duty of care to invitees and must take reasonable steps to ensure their safety.
• Licensee: Licensees are individuals who enter the property for their own purposes with the owner’s permission, such as social guests. Property owners have a duty to warn licensees of any known dangers on the property but may not necessarily be required to actively maintain the property for their safety.
• Trespasser: Trespassers enter the property without permission. While property owners generally owe a minimal duty of care to trespassers, they must refrain from willfully or wantonly causing harm to them. However, if the property owner knows of frequent trespassing or child trespassers, they may have a duty to take reasonable steps to prevent harm, such as securing dangerous areas.

Here are the main elements typically required to prevail in a premises liability case in Florida:

1. Duty of Care: The plaintiff must establish that the property owner owed them a duty of care. This duty of care varies depending on the legal status of the visitor (invitee, licensee, or trespasser) and the circumstances of the visit.
2. Breach of Duty: The plaintiff must demonstrate that the property owner breached their duty of care by failing to maintain the premises in a reasonably safe condition or by failing to warn the plaintiff about known hazards.
3. Causation: The plaintiff must prove that the property owner’s breach of duty was the direct cause of their injuries. This typically involves showing that the hazardous condition on the property directly led to the accident and resulting harm.
4. Notice: The plaintiff must establish that the property owner either knew or should have known about the hazardous condition that caused the injury. This can be demonstrated through evidence showing prior knowledge of similar incidents, regular inspections, or constructive knowledge of the hazard’s existence.
5. Foreseeability: The plaintiff may need to show that the hazardous condition was foreseeable, meaning that a reasonable property owner under similar circumstances would have anticipated the potential risk of harm and taken steps to address it.
6. Damages: The plaintiff must provide evidence of the damages they suffered as a result of the accident. This may include medical expenses, lost wages, pain and suffering, and other economic and non-economic losses.

Why Choose Us?

When you choose Rosenberg & Rosenberg, P.A. to handle your premises liability case, you can expect:

• Experience: Our attorneys have extensive experience handling premises liability cases in Florida. We understand the complexities of these cases and know how to build strong arguments to help you secure a favorable outcome.
• Dedication: We are dedicated to advocating for the rights of injury victims. Our team will work tirelessly to investigate your case, gather evidence, and pursue the maximum compensation available to you.
• Personalized Attention: We understand that every case is unique, which is why we provide personalized attention to each client. We will take the time to listen to your concerns, answer your questions, and keep you informed throughout the legal process.
• Proven Results: Our track record of success speaks for itself. We have helped numerous clients recover significant compensation for their injuries through settlements and verdicts.
• Client Satisfaction: Our top priority is client satisfaction. We are committed to providing you with the highest level of service and support every step of the way.

Contact us today at +1 (954) 963-0444 to request a free case review.