Proving A Premises Liability Claim In Florida
Every year, people in central Florida are hurt in premises liability accidents. These are accidents that occur on another person's property as the result of negligence. Examples include slip and falls, swimming pool accidents, elevator and escalator accidents and assaults that result from negligent security.
If you were injured on someone else’s property in an accident caused by negligence, you deserve financial compensation. But these cases can be complicated. It’s important to have an experienced lawyer on your side who knows how to build strong cases. The Law Offices of Brent C. Miller, P.A. has been fighting for the injured for more than 25 years.
That are four elements that must be proven in a premises liability case.
Duty of Care
You must prove that the other party had a duty of care to keep the premises safe. Under the law, property owners and property managers have a responsibility to take steps to keep a premises safe. The highest duty of care is to invitees: people who are on the premises at the owner's invitation for a legitimate business purpose, such as a customer in a store during business hours or a service provider such as an electrician who visits a home at the owner's request. There is also a responsibility to licensees (people on the premises for a social purpose) and to a much lesser extent, trespassers.
A Breach Of Duty Of Care
Next, you must prove that a property owner or manager failed to meet their responsibility to keep the premises safe. For example, you can show that the owner failed to inspect the premises regularly or knew about a dangerous condition and didn’t repair it. Evidence may include copies of policies and procedures, business records, photos, video footage, employee testimony and testimony from expert witnesses.
Injury
You must also prove that the breach of duty of care on the premises led to your injury. You can do this through your own testimony that you encountered a dangerous condition and through the testimony of witnesses who observed you getting hurt. Other evidence may include photos, video footage and medical records documenting the treatment of your injury.
Losses
Finally, you must prove that you suffered actual damages as a result of your injury. These damages may include the medical expenses for treating your injury, as well as lost wages if you were unable to work as a result of being injured. Evidence may include medical bills, medical records, photos, testimony from your doctor and documentation of the time you missed at work.
Contact a Florida premises liability lawyer for help with your claim
It’s important to get legal advice as soon as possible after being injured in a premises liability accident. A lawyer can review the details of your case and go over your legal options for recovering compensation. You can also get answers to the questions you have about what happened and what you can expect when pursuing a claim.
Learn how an attorney can help protect your rights and help you recover the compensation you deserve. Contact us to schedule a free consultation. We’re ready to meet with you at any of our four offices in central Florida – Tavares, Inverness, The Villages and Clermont.
