What are the Elements that Need to be Met for a Premise Liability Lawsuit?
If you own property in Florida, whether commercial or residential, you should know the elements of premises liability law. If someone gets injured on your property, what are the factors that they must prove for you to be held liable for their injuries?
A property owner found to be negligent in a premises liability suit could potentially face a large judgment depending on the severity of the injuries. These are the elements of proof that are required for a premises liability claim.
Elements of Florida Premises Liability
- The property owner owed the injured party a legal duty of reasonable care. All guests who are invited, whether explicitly or implicitly, are owed a duty of reasonable care. This includes social visitors, customers, and house guests. The lowest duty of care is provided to trespassers, who are uninvited, or illegal visitors. Reasonable care means the property owner has made every effort to maintain a safe, hazard-free property. It also includes notifying guests of any known hazards or unsafe conditions that remain a danger.
- The property owner breached that duty. The property owner either fixed the unsafe condition inadequately, or failed to fix the condition, and failed to notify visitors of the condition. The unsafe condition must have existed long enough for the property owner to have discovered it in the course of regular maintenance or the condition must occur regularly and be foreseeable.
- The invited guest was injured while on the private property of the defendant. Private property is property owned by a person or a group of people. Any property that is government-owned, like a public sidewalk, needs to be cared for to a reasonable extent.
- The injury occurred due to the property owner’s negligence. That could be due to the actions the property owner took that inadequately fixed the condition or due to the property owner’s failure to take action to fix the unsafe conditions. Unsafe conditions that are unknown to the property owner because the condition was not present long enough to be identified may not be considered for a premises liability claim.
If you have questions concerning a premises liability claim contact Casas Law in West Palm Beach, Florida. Casas Law has the answers to all of your premises liability questions. Fill out a free case consultation form and find out how Casas Law can help you with your claim.
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