The concept of premises liability involves a property owner or operator’s legal responsibility when an individual suffers an injury due to the property’s unsafe conditions.
Learn more about premises liability, including the types of cases that exist, the evidence needed to prove it during a case, and how to identify potential hazards.
Types of Premises Liability Cases
There are several situations that warrant classification as premises liability cases, including:
- Slip and fall
- Dog bites or injuries
- Lack of maintenance
- Defective or malfunctioning equipment
- Lack of security
- Elevator or escalator accidents
- Hazardous or toxic chemicals
- Flooding or water leaks
- Swimming pool incidents
This is just a small sample of the scenarios where the injured party may be able to claim premises liability against the owner.
How to Prove Premises Liability
The injured person must prove that the accused party owns, rents or leases the property and that the responsible party’s negligence led to the plaintiff’s injury.
The following factors must be proven during the case:
- The defendant owned or operated the premises. The relationship of the defendant with the property needs to be proven in order to hold the party responsible for maintaining the location in good condition for it’s intended purpose.
- The defendant showed negligence in their use of the property. The plaintiff should demonstrate the defendant’s responsibility to maintain the area in a safe condition. In the state of Florida, this liability and amount of responsibility heavily depends on the injured party’s status on the premises as a public invitee, business invitee, invited or uninvited licensee, or a trespasser.
Other factors include the purpose of the facility and whether the injury could have been foreseen. Professional legal advice is critical in proving the owner’s negligence.
- Existence of injury. The plaintiff must prove that he or she suffered an injury, typically through direct testimonies, questioning of medical staff, medical records, medical bills, and other pieces of evidence.
- Proof that the Defendant’s negligence was a major contributing factor to the injury. Lastly, the injured party must prove that the injury in question was created or exacerbated by the defendant’s negligence, failing to keep the premises safe according to it’s intended use.
What to Spot to Avoid Injury
Any property or facility can have circumstances that can lead to a liability injury case. People should identify and, if possible, avoid the following hazards:
- Wet or slippery floors
- Broken or loose floors, stairs, or sidewalks
- Loose or unsecured rugs or carpets
- Hidden or unsecured extension cords
- Unguarded or unsupervised swimming pools
- Buildings with insufficient security
If you or a loved one are injured and believe the injury resulted from the property owner or operator’s neglect, you may be eligible for legal compensation. The experienced attorneys at Ginnis & Krathen, P.A. will guide you through the case, and provide tough representation in court if necessary. Fill out this form to see if you have a case: https://ginniskrathenlaw.com/do-i-have-a-case/