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Property Owner
Liability
“Premises liability" really means property owner or manager liability.
Florida law holds owners, and often occupiers or possessors (such as property managers or
tenants), of property legally responsible for accidents and injuries that occur on that property
where their negligence, or fault, can be proven. The types of premises liability cases range from
slip-and-fall, trip-and-fall, defective condition inside or outside the property, or poor
security.
Property Owners Are Usually Liable Only If You Prove Their
Negligence
People often mistakenly believe that because they were injured on another’s
property, whether it is a commercial property (e.g. malls, amusement parks, grocery stores, retail
stores, etc.) or a residential property (e.g. neighbor’s home), that the property owner is
automatically held responsible for the personal injury. This is simply not so in Florida.
Instead, the injured consumer must prove that the property owner did something
which caused the injury or failed to do something which could have prevented the injury.
Generally, property owners and possessors are responsible to keep their premises in a reasonably
safe condition, as well as to adequately warn patrons or guests of defects on the premises. The
burden of proving the defective or negligent condition, as well as its cause of injuries, is often
on the victim. This includes the injured consumer usually having to prove that the owner, manager,
or tenant knew, or should have known through reasonable inspection, of the poor conditions or
existence of hazards that caused the injuries.
If the owners or possessors do not live up to this duty and you are injured, they may be held
accountable for your injuries, including medical bills, lost wages, and pain and
suffering. Money damages may be recoverable from the insurance company that covers the
claim.
Comparative Negligence
Defendants, such as property owners, managers, and lessees/tenants, often
defend a premises liability lawsuit by claiming that they were not at fault. Some common
defenses include:
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Visitor was not looking where he/she was walking
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Owner, manger, or tenant did not have any notice of the dangerous condition
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Visitor was partially at fault for what happened
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Customer did not exercise reasonable care for his or her own safety
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Hazard was open and obvious
If a jury believes the defendant that the plaintiff-victim was also at fault for
the incident, then the plaintiff's money recovery may be limited or reduced by his or her own
negligence.
Florida uses a "comparative fault" system in personal injury cases, meaning that an injured
person's legal damages will be reduced by a percentage that is equivalent to his or her fault for
the incident. For example, if it is decided that a personal injury victim was 50% at fault a
premises liability injury, and the total damages awarded are $100,000, then the personal injury
victim will receive only $50,000 (or 50% reduction of $100,000) from that damage award.
Defective Property Condition and Dangerous Property
Condition
As noted, there are many types of property liability claims, including the following:
- Trip and fall
- Slip and fall
- Inadequate security
- Foreign substance, such as water, juice, or other liquid on the floor, causing the
surface to be slippery
- Falling merchandise
- Uneven or unsafe floor, parking lot, or sidewalk
- Improperly constructed premises, creating defects
- Defective stairs
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- uneven stairs
- uneven risers
- lack of slip resistant surface
- Defective thresholds
- Loose or missing handrails
- Unguarded holes or open pits
- Unfenced swimming pools
- Spa drain entrapment (pool, spa, hot tub)
- Failure to timely or adequately inspect the property
- Poor maintenance of the property
- Building code violations
- Negligent mode of operation
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- business’ policies, procedures, and how they result in property hazards
Premises Liability Lawsuit
Serious personal injury claims resulting from unsafe property and premises liability can be
devastating. Liability questions can be challenging, but prompt investigation can be an
important and valuable tool.
Contact our personal injury attorneys, who are experienced in
handling premises liability lawsuits.
We're Here to Help - Throughout Florida and
Beyond
For dedication and experience, contact our personal injury
attorneys. We proudly serve deserving clients and their families who are seeking to overcome
the challenges of serious personal injury and wrongful death throughout Florida and beyond in other
States.
Locally, we are also proud to serve our neighbors throughout
Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita Springs, Bradenton, Cape
Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort Myers,
Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee,
La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven,
Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring,
Venice, Wauchula, Zolfo Springs.
We provide aggressive, prompt, and ethical advocacy on behalf of
individuals and families who have suffered serious personal injury, accident injury, and wrongful
death.
Contact our injury attorneys for a confidential and candid assessment of your property
owner liability claim.
Let's Pursue Justice Together.SM
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