Premises liability incidents are a common occurrence that can lead to serious injuries and significant financial liabilities. In the state of Florida, these incidents are particularly prevalent due to the high foot traffic in commercial areas. Whether it's a grocery store, a hotel, or a private residence, property and business owners have a legal responsibility to ensure that their premises are safe for visitors.
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Common causes of premises liability incidents include:
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Uneven flooring or surfaces
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Broken stairs or handrails
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Poor lighting
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Obstructed pathways
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Cracked sidewalks
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Poor stacking/shelving of packages/products
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In Florida, this legal principle holds property owners and occupiers responsible for maintaining a safe environment for visitors. In order to succeed in a premises liability claim, you typically need to prove:
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The property owner owned a duty of care: Property owners must maintain their premises to prevent potential hazards.
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The property owner breached that duty of care: This might include failing to repair broken stairways or steps or failure to provide adequate lighting.
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The breach caused your injuries: You must show that the unsafe condition directly led to your injury.
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You suffered damages: This can include medical expenses, lost wages, pain and suffering, and more.
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In Florida, the status of a visitor at the time of their injury greatly influences liability. There are three main categories of visitors:
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Invitees are categorized into two groups: public invitees and business invitees. Public invitees include individuals who are welcome to visit a facility, such as hotel guests or those utilizing public parks. Business invitees consist of people who enter a commercial property specifically to engage in business activities, like transactions or employment.
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In Florida, property owners have the highest duty of care towards invitees. Because these individuals have been explicitly permitted to be on the premises, property owners are responsible for maintaining safe conditions. This entails regularly cleaning the property, repairing identified hazards, and promptly informing visitors of any dangers until they are addressed.
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The next category of visitors are called "licensees." There are two types of licenses: invited and uninvited, and each are owed different duties of care.
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In Florida, an invited licensee is an individual who enters a property with the express permission of the landowner, commonly as a social guest. These individuals enjoy specific legal protections similar to those granted to public or business invitees. This means that property owners are obligated to maintain their premises in a safe condition and to exercise reasonable care to prevent accidents.
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On the other hand, uninvited licensees are people who enter a property without permission, typically for their own convenience. A classic example is a salesman who arrives at a residence without an invitation. For these uninvited guests, property owners have a limited legal duty; they must avoid causing willful or wanton harm. This includes the responsibility to remove any hidden dangers, or "traps," of which the owner is aware.
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In general, Florida law states that property owners owe no duty of care to trespassers. While they are obligated to refrain from intentionally causing harm, there’s no requirement to provide further safety measures. Trespassers are defined as individuals who enter a property without permission, invitation, or any lawful right.
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An important exception arises when the trespasser is a child, particularly in instances involving an “attractive nuisance,” such as swimming pools or playgrounds. In these cases, property owners must take additional precautions to prevent unauthorized access and protect children from potential hazards on their premises.
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Per Florida Statute, a transitory substance is described as any solid or liquid substance, object, or item that is located in a place where it does not belong.
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Under Florida Law 768.0755, when a person suffers an injury from a fall due to a transitory substance, the injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have cleaned it up. Constructive knowledge can be shown by proving:
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The dangerous condition existed for long enough for the store to figure out it was there; or
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The condition occurred with regularity and was therefore foreseeable.​​
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Constructive knowledge refers to the legal assumption that a defendant should have known about a condition, even if they did not actually know it. To establish this, the injured person would need to provide circumstantial evidence indicating that the hazardous condition existed long enough that, had the defendant been exercising reasonable care in managing their premises, they would have been aware of the danger that led to the plaintiff's injuries. Additionally, circumstantial evidence might suggest that the dangerous condition was a recurring issue, making it foreseeable for the defendant, who failed to take adequate steps to address the recognized hazard.
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Premises liability incidents can result in severe injuries and significant medical expenses. Understanding your rights and the legal responsibilities of property owners in Florida can empower you to take appropriate action if you're injured due to someone else’s negligence. Documenting the accident, seeking medical care, and consulting with an experienced personal injury lawyer can make all the difference in your pursuit of justice.
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If you or a loved one was injured due to a property owner's negligence in Florida, don’t hesitate to seek legal counsel. Your health, safety, and well-being are paramount, and the right legal support can help you navigate the complexities of your case while seeking the compensation you deserve. Don't leave money on the table that you may be entitled to. Protect your rights and future by contacting Florida Personal Injury Lawyer Bethany Dolezal of Dolezal Law, P.A., at (888) 411-7854 or bethany@dolezallaw.com.