Florida property owners have a legal obligation to keep their premises safe and free of unreasonably dangerous conditions. When property owners or other responsible parties fail to meet their obligations, serious injuries can occur, and they may be held liable.
The team at Cardoso Law, PLLC, proudly fights for injured people who got hurt due to property owner negligence. However, when it comes to premises liability, Florida law does not automatically see every accident on someone else’s property as a valid claim for compensation.
If you are considering a premises liability claim, it is essential to understand what constitutes dangerous property conditions, what responsibilities property owners have to maintain safe premises, and how our experienced personal injury attorneys can help.
Contact us now for a free consultation to discuss your specific situation.
What Is a Dangerous Property Condition?
A dangerous property condition is an unreasonable hazard on someone else’s property that could cause harm to someone lawfully on the premises. Dangerous conditions are often the result of negligent property maintenance, but they can also result from a lack of adequate warnings or unsafe property design.
Injuries from dangerous property conditions may constitute a premises liability claim. Premises liability is a legal concept that holds property owners and other responsible parties accountable for keeping their premises safe. That often includes removing or warning visitors about hazards.
Examples of Common Dangerous Property Conditions
Dangerous property conditions can take many forms, including poor maintenance, lack of safety measures, and inadequate warnings. Some common examples of dangerous property conditions include:
- Slippery or wet floors – Slick floors can cause serious injuries. Wet floors frequently result from spills, leaks, mopping, or wet weather conditions tracked in from outside.
- Neglected walkways – Loose tiles, potholes, clutter, or cracked sidewalks are a serious tripping hazard, particularly at night or in areas with poor lighting.
- Defective staircases or handrails – Stairs can be dangerous all by themselves, but they can become considerably more dangerous when steps are damaged, handrails are missing or broken, or the staircase lacks proper illumination.
- Poor lighting – Inadequate lighting can make it difficult to see hazards or to navigate a dark area. Dark stairwells, in particular, can be very dangerous.
- Unsafe swimming pools – Unfenced pool areas or slippery pool decks can pose a life-threatening risk to visitors, particularly to children and inexperienced swimmers.
- Electrical hazards – Faulty wiring or exposed electrical components can easily cause permanent injuries. The risks they pose are often difficult for visitors to identify before it is too late.
- Structural hazards – Poorly maintained buildings often harbor hidden dangers, such as weak decks or unstable stairs, that can collapse and cause severe injuries.
- Negligent security – Visitors can be susceptible to criminal acts when responsible parties fail to provide appropriate security measures, such as locks, alarms, video surveillance, or security guards.
Proving Negligence in a Premises Liability Claim
To recover compensation after being injured on someone else’s property, you must prove that the property owner was negligent. To do that, your case must include the following four elements:
Duty of Care
You must show that the property owner owed you a duty of care. A duty of care is the legal obligation property owners have to ensure the safety of visitors to their premises. The scope of this duty depends on the type of visitor:
- Invitees – These are visitors invited to the property for the owner’s business benefit, such as customers in a store. Property owners owe the highest duty of care to invitees. They must regularly inspect the property and address conditions or adequately warn invitees of hazards.
- Licensees – These are visitors allowed on the property for social or non-business reasons, such as a guest visiting a private residence. Property owners have a similar duty of care to licensees as invitees, except they do not have a duty to inspect the property for hazards. They simply must address the unsafe conditions they know about.
- Trespassers – A trespasser is anyone who enters property without permission. Property owners do not have any duty to warn trespassers of dangerous conditions or to inspect their property to ensure that it is safe for them. However, property owners cannot set traps to intentionally injure trespassers. They may also be liable for injuries to child trespassers in some instances.
Breach of Duty
Once the property owner’s duty of care is established, claimants must then show that they failed to uphold that duty. Examples of breach of duty include:
- Failing to repair broken steps or handrails
- Not providing adequate lighting in hazardous areas
- Ignoring unsafe conditions despite being aware of them
- Failing to adequately warn visitors of dangers
Proving a breach of duty typically involves demonstrating that the property owner was aware or reasonably should have been aware of the hazard. Evidence may include photos of the hazard, maintenance records showing the hazard was not addressed, incident reports, and surveillance videos.
Causation
It is not enough to show that the property owner failed to uphold their duty to maintain safe premises. You must also connect your injuries directly to their breach of duty. Evidence to prove causation might include:
- Medical records
- Surveillance footage
- Witness interviews
- Medical expert testimony
Insurance companies may claim your injuries are unrelated to the accident, but medical documentation, videos, and both expert and eyewitness testimony could make the connection far more challenging to deny.
Damages
To recover compensation, you must provide evidence of the physical, emotional, and financial impact of your injuries. The impacts can include medical bills, lost wages, pain and suffering, and emotional distress.
Our skilled premises liability attorney can help you document all your losses and calculate the full value of your claim with the help of medical records, receipts, invoices, pay stubs, and testimony from mental health experts and loved ones.
What to Do If You Are Injured on Someone Else’s Property in Florida
Recovering compensation for injuries caused by dangerous conditions in a premises liability claim requires prompt action. It is critical to seek medical attention as soon as possible, but you should also be sure to:
- Report the incident. Notify the property owner or manager of the incident and request that they document it in writing. If possible, obtain a copy of the accident report.
- Document the hazard. Take photos or videos of the dangerous condition, warning signs (or lack thereof), the surrounding area, and any visible injuries.
- Preserve any evidence. Keep clothing, shoes, and other property involved in the incident. They may offer valuable evidence connecting your injuries to the hazard.
- Not speak to insurers. Insurance companies will attempt to protect their profits by weakening your claim and minimizing your payout. Never admit fault, never accept quick settlements, and avoid recorded statements. Contact Cardoso Law, PLLC, and let us deal with the insurers instead.
- Contact our premises liability attorney. An experienced personal injury attorney can investigate the accident and build a compelling case for maximum compensation. Contact us as soon as you are able.
How Our Florida Premises Liability Lawyers Help Victims with Premises Liability Cases
The team at Cardoso Law, PLLC, can guide you through every stage of your premises liability case. We can help by:
- Reviewing your case for free
- Investigating the accident and gathering evidence
- Handling all communications with the insurance company and others involved
- Calculating your losses to seek maximum compensation
- Negotiating for a fair settlement
- Representing you in court, if no settlement can be reached
We understand the impact that the daily pain, limited mobility, and significant financial distress caused by the accident have had on your life. That is why our team does not just offer skilled legal support, but also the compassion and understanding you need during this difficult time.
Potentially Recoverable Compensation in a Premises Liability Case
Compensation in premises liability cases should account for the financial losses and the physical and emotional harm you have suffered due to the property owner’s negligence. Our attorney is ready to seek compensation for the following on your behalf:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
Without extensive experience in determining the value of personal injury claims, it is easy to leave money on the table. Our attorney can carefully review your case and work with medical and financial experts to calculate the maximum compensation you could claim.
FAQs About Premises Liability
Who can be liable in a premises liability claim?
Responsibility in a premises liability claim can fall on several parties, such as the following examples:
- Property owners or landlords
- Businesses operating on the property
- Property managers
- Maintenance companies
- Contractors
Our experienced Florida personal injury attorney is ready to analyze the facts of your unique premises liability accident to determine all potentially liable parties.
Who is eligible to file a premises liability lawsuit?
Any lawful visitor injured on the property due to a dangerous condition may have a claim. That can include party guests, tenants, customers of a business, utility company employees working on the property, employees at workplaces, delivery drivers, and contractors, for example.
Does the dangerous condition have to be on public or private property to qualify for a claim?
Injuries caused by dangerous conditions on both public and private properties may constitute a valid premises liability claim, provided the injured party was legally on the property. However, the timelines for and the process of pursuing your claim will vary depending on whether the property was public or private.
Who is responsible for maintaining safe conditions on a property?
Property owners, landlords, contracted maintenance companies, and business owners who rent the property are all examples of people who have a legal responsibility to maintain safe conditions or warn visitors of known hazards.
Contact Cardoso Law, PLLC, to Discuss Your Possible Premises Liability Claims
If you have suffered injuries due to dangerous conditions on someone else’s property, you need a skilled premises liability lawyer to protect your rights. The Cardoso Law, PLLC, is dedicated to seeking justice for injured people in Florida. We are prepared to fight for the compensation you deserve.
Contact us today for your free consultation with a Florida premises liability attorney at our law firm.