Proving a Premises Liability Claim Under Florida Law

Premises liability claims usually require certain types of proof and guidelines to present a valid claim against the defending party, and in Florida, it is important to present these with the help of a lawyer in the courtroom. Premises liability claims arise because of the injuries to the plaintiff and are necessary to pursue and acquire compensation.

Principles of Negligence

In the state of Florida, the premises liability claims are under the common law and standard principles of negligence so that victims are able to receive the necessary compensation for recovery. Within these state laws, anyone that owns or is in control of the property has a legal and mandatory obligation to ensure the premises are both safe and maintained. If the owner or controller does not comply with these regulations, he or she may become liable for all damages that affect the victim of an accident. This person is negligent when he or she knows about danger on the property or does not remove hazards. Any lack of upkeep or maintenance can also lead to a successful premises liability

Responsible for Paying Damages

It does not matter who is the owner or has control of the property. This person could own the land, work the property as a manager, operate with or on the land or run a business as a tenant. He or she is legally responsible to pay damages to the victim when his or her actions cause the direct or indirect injury to another person. This responsibility connects negligence to the incident. There are several ways that the victim can sustain harm to include slips, falls, inadequate security, swimming pool accidents and other forms of harm from objects on the grounds.

Florida Premises Liability Responsibly

The party that controls or owns the property has two possible obligations when owning or controlling the land. If he or she does not manage, run or maintain the area, another person has this responsibility. The person that does control the location must ensure that the property is safe and has no dangerous condition for invitees or guests. Any known and hidden danger must not exist for trespassers. However, the responsibility extends to a certain period. The property owner or controller can take some time to correct or remove the dangerous condition. The courts consider the length of time to discover the issue and reasonable measures taken after this time to remove it.

The Duty of Care

In Florida, the landowner or controller has the highest duty of care when he or she owns or controls a business and invites others onto the premises. The owner or controller has a greater knowledge or understanding of how dangers could affect clients and customers when it is usually the tenant that is aware of the hazard on the property. The others that suffer injury are either a customer, visitor, guest or someone is given permission to remain on the land or in the building. The duty of care is crucial, and a breach can lead to a possible negligence claim for premises liability.

Negligent Failure

The property owner or controller has a responsibility to fix and maintain areas of the property to prevent others from suffering harm when on the land or in the building. If he or she fails to remove a dangerous condition, warn others of the hazard or quarantine the area, he or she is negligent in the duty owed to others. This could involve poor lighting, loose handrails on stairs, uneven sections of the pavement or parking lot and land littered with debris. Responsibility also extends to electrical and mechanical equipment, tools and other items that could become a danger to others.

Negligent failure to remove hazards can also include various issues with security or fixing locks or doors. The owner or controller should have adequate lighting around the land to prevent trips, falls, slip and the person from sliding down an embankment. Other problems that the plaintiff can prove are part of negligence from the owner or controller include shootings, intentional harm or death, slippery surfaces and criminal actions of a third party possible because of the lack of upkeep or maintenance on the property.

Legal Support in Florida to Prove a Premises Liability Claim

With the support and help of a legal professional, someone suffering from an injury in Florida because of a premises liability problem can increase the strength of the claim. The lawyer will work hard to negotiate a settlement or prove the case in court.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

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