Premises liability lawsuits in South Florida can arise from a wide variety of injuries that occur on another party’s premises. You should know that premises liability is a relatively broad area of law within the broader area of personal injury law. In order for an injured person to be able to obtain compensation in a premises liability lawsuit, that injured person typically must be able to prove that the owner or manager of the premises where the accident occurred negligently maintained the property, and that negligence resulted in injuries. Depending upon where and how the injury occurred, a plaintiff may have a heavier burden of proof. The following are among the different kinds of premises liability lawsuits that are filed commonly in South Florida.
Slip and Fall Accident
Slip and fall claims are among the most common types of premises liability lawsuits. If you slip and fall on another party’s property, you may be able to hold that party accountable for your injuries if the property owner negligently maintained the premises. However, there is a heightened burden of proof if a slip and fall occurs on a transitory foreign substance at a business under Florida law. In such cases, the injured plaintiff must show that the business had “actual or constructive knowledge of the dangerous condition” and failed to remedy or warn about it.
Negligent Security
A negligence security claim is another form of premises liability lawsuit. In a negligent security case, the property owner may be responsible for a third party’s criminal conduct on the property—such as an assault—if the property owner failed to take precautions to make the property safe.
Swimming Pool Accident
Most swimming pool accident claims are premises liability claims that arise when a property owner with a pool failed to maintain the pool or deck areas in a reasonably safe condition. If someone trips on the pool deck and gets hurt, or drowns in the pool, the property owner may be liable.
Elevator and Escalator Accidents
Elevator and escalator accidents can also be filed as premises liability lawsuits when the property owner’s negligence resulted in the injury. In some elevator and escalator cases caused by defects, the plaintiff may need to file a product liability lawsuit.
In order to obtain compensation in a premises liability lawsuit for any of the types of cases discussed above, Florida law requires the plaintiff to show that the defendant did one of the following:
- “Negligently failed to maintain the premises in a reasonably safe condition”;
- “Negligently failed to correct a dangerous condition about which the defendant knew or should have known, by the use of reasonable care”; or
- “Negligently failed to warn of a dangerous condition” on the property.
Contact a West Palm Beach Premises Liability Lawyer
Do you have questions about your eligibility for filing a premises liability lawsuit? One of the experienced West Palm Beach premises liability attorneys at Lesser, Lesser, Landy & Smith, PLLC can speak with you today about your case. While most injuries that occur because of a hazard on the premises will result in a premises liability lawsuit, certain types of cases may need to be filed in connection with a different area of personal injury law. Our firm can assess your case today and help you to seek the compensation you need.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html
floridasupremecourt.org/content/download/243071/file/entire-Document.pdf
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html
