Establishment of liability in premises liability cases in Florida

Post on behalf of Thomas J. Ueberschaer PA on Friday August 8, 2014

When a person gets hurt at a business, they might not be prepared to cover the expenses of the medical care necessitated by the injury. In some cases, the person might have the right to seek compensation for medical bills and other expenses by filing a premises liability lawsuit. Because the laws surrounding this type of case in Florida are complex, knowing the ins and outs of a premises liability lawsuit is necessary.

One important factor in a premises liability case is that the establishment must have known about the dangerous condition, such as a “transitory foreign substance,” which would be something like a puddle of water. On top of that, it must be established that the representative of the establishment must have failed to remedy the problem.

Proof of liability can be established via circumstantial evidence in Florida. This means that the issue that caused the accident could have been something that occurred on a regular basis, which would mean it was foreseeable. It also means that the problem could have been present for a length of time that the establishment’s representatives should have known about the problem.

According to The Florida Senate, the status of the complainant on the premises must also be considered. For example, a person who is in the establishment for normally accepted business practices is there legally and has certain rights. A person who has illegally entered the establishment doesn’t have the same rights as the person there legally.

In the case of the person on the premises legally, the owner of the premises has a duty to warn or dangers or correct the danger that can lead to visitor harm. The owner also has the responsibility to reasonably maintain the premises.

In the case of a person on the premises illegally or one that comes without invitation, the owner simply has the responsibility to not do anything with a purpose of causing injury, such as setting hidden traps.

Being injured at a business is never a good thing. When it becomes necessary to seek compensation via the civil court system, knowing the ins and outs of premises liability law can help the complainant to present a case in the most effective manner.

Source: Online Sunshine, “768.0755 Premises liability for transitory foreign substances in a business establishment.” Aug. 08, 2014

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