Premises Liability Attorneys in Deerfield Beach, Florida (FL)

What is Premises Liability?

Premises liability is a legal term and concept describing the type of law that handles torts concerning a tenant or property owner’s financial responsibility for harm caused to another when the property owner or tenant negligently creates an unsafe condition. According to Florida Statute 768.0755 Premises liability for transitory foreign substances in a business establishment, private and public property owners and their tenants have a statutory responsibility to ensure their property is safe for visitants. Should a business owner or tenant fail to keep their property free of hazards, they have engaged in negligence, whether intentionally or unintentionally. When someone is injured on someone else’s property due to negligence, the victim may be able to hold the business, tenant, or property owner financially responsible for the costs connected with the victim’s injuries.

Premises liability claims arise in many different types of personal injury incidents. A common example of a premises liability claim involves a slip, trip, or fall at a business. A patron walks into a grocery store, and they unknowingly step into a puddle of water on the floor. The area did not have any warning signs, and there were no store employees mopping up the floors. The patron then slipped and fell onto their right arm, causing a severe forearm bone fracture.

Premises Liability also covers several other types of accidents, including:

• Swimming pool drownings 
• Elevator accidents
• Dog Bites
• Fires
• Amusement Park Accidents
• Floods 
• Assaults
• Murders
• Toxic Fumes
• Chemical accidents
• Other accidents on-premises

It is essential to understand that not all accidents or injuries are automatically attributed to negligence. In order for a property owner or tenant to be deemed negligent, five facts must be established by the victim’s attorney.

In Florida, an “invitee,” a “licensee,” and even a “trespasser” has the right to be kept safe from hazardous conditions.

An “invitee” is a person who was invited to enter a particular property for business purposes, such as a shopper or social guest. Property owners owe business invitees the highest duty of care.

Licensee – A “licensee” is defined as a person who visits a property solely for the purpose of receiving a benefit. For example, someone enters a store to use the bathroom and not to purchase anything and slips on wet tile. According to Florida’s “licensee” definition, the business or the property owner has a duty to display warning signs or dry the floor, or they could be liable for the visitor’s injuries.

Trespassers – A trespasser is someone who enters another’s property without permission. In Florida, all people, including trespassers, are entitled to some level of protection. For example, a person crossing through a parking lot and steps into a hole causing a broken ankle could file a premises liability claim against the property owner.

In the State of Florida, property owners have specific legal responsibilities, including:

• They must provide proper notice concerning any dangerous conditions the property owner is knowledgeable; 
• They must not create a dangerous condition on their property, intentionally or unintentionally;
• They must maintain the property in a reasonably safe state; and
• They must post warning signs of potentially dangerous conditions and “no trespassing” signs.

The exemption to this law concerns situations when minors are involved. Florida law does not expect children to judge potential dangers as well as adults. Florida law states that property owners can only be held liable if they did not correct any hazards on property that is inviting to children and causes them harm. For example, swimming pools. Children are attracted to swimming pools, and businesses should make sure that no children can easily access their swimming pools. A swimming pool, in this case, is known as an “Attractive Nuisance.”

Proving Negligence in a Florida Premises Liability Claim 

To win your Florida premises liability claim, the injury victim’s attorney must prove all four elements of a negligence action, which are: 

• The property manager, tenant, or owner owed you a duty of care, 
• The property manager, tenant, or owner breached that duty of care,
• The breach resulted in your injuries, and
• You suffered actual harm or damages.

Each of the four elements needs to be proven by a preponderance of the evidence to win a premises liability claim in Florida.

Our Premises Liability Lawsuit Lawyers in Florida work hard to recover the most amount of monetary compensation permittable by law. Call us 24/7 at 954-752-1110 for your free case review and consultation. Nosotros hablamos español.

Contact Our Experienced Florida Premises Liability Lawyers Today for Your Free Consultation

Fuentes & Berrio represents victims of negligence throughout the State of Florida. Our legal professionals are ready to meet you at any other place in Palm Beach County and Broward County, and especially the cities of Deerfield Beach, Lake Worth, Pompano, Hillsboro, and Highland Beach.

We are also ready to answer your premises injury or wrongful death claim questions. Call us 24/7 at 954-752-1110 for your free case review and consultation.  Nosotros hablamos español.