Premises liability cases develop when someone is injured or harmed while on another’s property due to the property owner’s or manager’s negligence or failure to maintain a safe environment. These cases cover a wide range of situations covering everything from your neighbor’s property, a sidewalk, or an office tower to an amusement park or government building.
Premises Liability Law is Based on Negligence Claims
What ties together all the situations and locations is that plaintiffs claim a party’s negligence caused their injury. To prove your negligence claim, you must show:
- Duty of Care: The property manager or owner must maintain the property in a reasonably safe condition for you.
- Breach of Duty: The property occupier or owner violated this duty by failing to address a known hazard, regularly checking to see if hazards may be present, or by creating a dangerous condition.
- Causation: This breach of duty caused your injuries and damages.
- Damages: You suffered physically, mentally, and/or financially. You have medical bills, pain and suffering, and/or lost wages due to the injury
These are fact-specific cases because you need to prove what led to your injury and how you suffered harm as a result. Witness testimony and evidence from security cameras may make or break your case.
Types of Premises Liability Cases
Some premises liability cases include:
- Slip and Fall Accidents: These cases typically involve injuries resulting from a dangerous or slippery surface, such as a wet floor in a store. Property owners need to take reasonable care to prevent these hazards or provide warnings if they exist. This includes landlords who must maintain safe common areas, such as stairways, landings, driveways, and parking lots
- Dog Bites: Florida follows a strict liability rule for dog bites, meaning that dog owners are typically responsible for injuries caused by their pets, regardless of the dog’s prior behavior or the owner’s knowledge of it.
- Negligent Security: Property owners or managers must protect tenants, employees, contractors, and visitors from foreseeable criminal acts, such as assaults or robberies. Failure to provide adequate security measures can lead to premises liability claims.
- Swimming Pool Accidents: Property owners must maintain safe conditions around pools, including proper fencing and safety measures to prevent accidents.
- Elevator and Escalator Accidents: Property owners and maintenance companies must ensure that elevators and escalators are safe. Malfunctions or inadequate maintenance can lead to accidents, injuries, and premises liability claims.
- Structure Fires: Building fires that cause injuries or deaths due to poor maintenance, failure to fix known problems, or not complying with building or fire codes can lead to legal actions by victims. Defendants may also include parties hired to maintain or repair the building or makers and sellers of defective products that started the fire.
In Florida, the statute of limitations (the deadline to file a lawsuit) that you must comply with is two years from the date of the injury. However, this time frame varies depending on the circumstances, so it’s essential to consult us promptly so you won’t lose your legal rights.
Injured on Another’s Property? Jeff Davis Can Help
Jeffrey R. Davis, P.A., is a Miami personal injury law firm representing victims seeking the compensation they deserve, including those injured due to negligence by a property owner or manager. Call us today at (305) 577-3777 to schedule a free consultation.