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Premises Liability

Premises liability in personal injury cases can take a variety of different forms. Slip and fall accidents may frequently come to mind, such as falls on a wet floor in a grocery store. Other examples include:

  • Elevator and escalator accidents
  • Swimming pool accidents
  • Injuries caused by poor lighting conditions
  • Amusement Park injuries
  • Toxic fumes or chemical exposures
  • Fire injuries
  • Assaults
  • Negligent Security

What is Premises Liability in Florida

Premises liability is a legal term that describes a property owner's responsibility for injuries resulting from unsafe conditions on their property due to the passive negligence of a property owner.[1] Both home and business owners have a legal duty to keep their property safe for visitors. When they fail in this duty, and someone is injured at their property, a premises liability claim may exist.

The degree of liability depends on the status of the person while on the premises.[2] The duty of care owed by the property owner to the injured person depends on whether the injured person can be legally considered an invitee, licensee, or trespasser when the injury occurred.[3] Should negligence be established, the negligent party could be held responsible for paying for damages incurred by the injured party.

Proving the Condition was Dangerous at a Business Establishment

For example, whether a business establishment had actual or constructive knowledge of the dangerous condition is a crucial step in determining if a premises liability claim may exist.

Florida Statute 768.0755 states that constructive knowledge may be demonstrated if the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition or if the condition occurred with regularity and could be foreseeable. 

Evidence to Gather in a Premises Liability Case

If you are injured on someone else's property, it is crucial to ensure your injuries are evaluated and treated as soon as possible. If possible, you or someone you know should gather the following evidence:

  • Photos of the condition that resulted in the injury
  • Photos that show the lighting conditions at the place and time the injury occurred
  • Fill out an incident report, if feasible, and request a copy
  • Names of all employees present at the scene
  • Names and contact information of any witnesses
  • Pictures that document your injury
  • Medical records related to the treatment of the injury

Consult a Florida Premises Liability Attorney

Potter Bayern Law concentrates on Florida personal injury law, including premises liability. Florida has a four-year statute of limitations on premises liability cases and a two-year statute of limitations on wrongful death cases. We recommend reaching out as soon as possible as evidence can be lost over time. Contact us today at (877) 581-7511 for a free consultation.

[1] Nicholson v. Stonybrook Apartments, LLC, 154 So. 3d 490, 494 (Fla. 4th DCA 2015).
[2] Nicholson, 154 So. 3d 490 at 492.
[3] Wood v. Camp, 284 So. 2d 691, 694 (Fla. 1973).