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All states have legal statutes that define the specific duty of care owed by a landowner to those
who come onto their property. These laws serve to protect those who fall victim to a property
owner’s negligence by allowing the injured party to pursue compensation for a variety of
damages. This is referred to as premise liability.
The concept of premise liability usually arises in personal injury cases where a person seeks
compensation for injuries and losses caused by a defect or hazardous condition that exists on
someone’s property that resulted in them being injured. Like a personal injury case, proving a
premises liability case is based on negligence.
Examples of Premise Liability Cases
There are a variety of circumstances that can give rise to a premises liability case; for example:
▪ A slippery surface such as a spill in a store
▪ A construction defect, such as exposed electrical wires or a hole in concrete where people
walk
▪ A poorly maintained stairway, such as a broken stair
▪ An unmarked broken handrail in a poorly lit hallway
Some of the most common examples of premises liability cases involve:
▪ Slip and fall accidents
▪ Elevator/escalator accidents
▪ Swimming pool accidents
▪ Snow and ice accident
▪ Accidents caused by faulty, flooring, bad steps, loose handrails, and other instances of
poor maintenance
▪ Negligent security
Most Common Premise Liability Injuries
When property owners fail to make and/or keep their premises safe from hazards, the
consequences for guests and visitors can be serious. Some common types of injuries seen in
premises liability cases include:
▪ Head and brain injuries
▪ Back and neck injuries
▪ Lacerations
▪ Dog Bites
▪ Broken, fractured, or dislocated bones
▪ Foodborne illnesses
If you have been involved in a premises liability accident, get checked out by a medical
professional even if you feel like you are fine. Back and neck injuries are not always perceptible
in the immediate aftermath of an accident and may prove to be significant in the days and weeks
following. Seek medical attention for early diagnosis, then call an experienced premises liability
lawyer to assist you with documenting your injuries and medical expenses and preparing your
case.
Things Needed to be Proven for Recovery in Premise Liability Cases
To have a valid premises liability claim, you must be able to show that the property owner is
somehow responsible for your injuries and damages. In other words, you must show that they
were negligent in their actions or inactions and that this caused you to be hurt. In addition, you
will need to show that the property owner knew or had a reasonable time to discover the defect
or hazard that resulted in your injuries but did not take reasonable steps to address it or warn you
about it.
Premise Liability Negligence
In order to succeed in a premises liability case, you will need to show that the owner’s
negligence caused you to be injured and that if that owner had not been negligent, you would not
have been injured. The elements necessary for negligence to the exits in a premises liability
include:
▪ A reasonable duty of care owed by the property owner, especially in public spaces
▪ A breach of this duty of care
▪ Causation between the property owner’s breach of duty and your injuries
▪ Actual damages
However, while in most cases, the plaintiff in a premises liability accident will need to prove that
the property owner was somehow negligent, there are a few situations where the property owner
can be held strictly liable under the law, regardless of negligence. The most common examples
of this are dog bite cases, where a dog owner may be held strictly liable under the law for any
injuries his or her dog causes, regardless of any attempt to prevent the incident from occurring.
An experienced Florida premises liability lawyer can help you gather the evidence needed to
prove negligence in a premises liability case. Call Nooney, Roberts, Hewett & Nowicki at (904)
398-1992 or fill out a fast and convenient form to schedule a free initial consultation with our
experienced and aggressive premise liability attorneys!
Duty of Care
As it relates to personal injury law, duty of care means that an individual has a legal obligation to
behave in a manner that reasonably ensures the safety or well-being of others. Businesses and
homeowners have a duty to keep their premises free and clear of any defects or hazards that pose
a threat to those who may visit their property and to exercise reasonable care to protect them
from harm.
To determine the specific duty of care a property owner owes under Florida’s premises liability
law and how much legal responsibility they have, visitors are grouped into 3 categories:
▪ Trespassers – people who enter the property illegally or without the property owner’s
consent. A property owner may not be held responsible for the injuries sustained by a
person who was on their property illegally or without consent.
▪ Licensees – people, such as houseguests, who enter the property with the property
owner’s consent, but for their own convenience or purposes. If the homeowner has
knowledge of a hazardous condition in their home and does not warn the visitor, they
may be held legally responsible for any injuries the person suffers as a result.
▪ Invitees – people, like customers in a department store or patrons in a restaurant, who
have been invited to enter the property to transact business with the property owner or for
shared interests. Businesses have a legal duty to keep their premises safe, protect their
customers, and prevent injuries from occurring.
Compensation for Premise Liability Claims
Victims of premises liability accidents can receive monetary compensation to cover the expenses
that arise from the accident and more, including:
▪ The cost of past and future medical care
▪ Past and future lost wages
▪ Compensation for damage to property
▪ Pain and suffering
Always seek the assistance of an experienced premises liability lawyer if you intend to sue the
property owner or negotiate a payout with the insurance company.
Why You Need an Experienced and Aggressive Premise Liability Attorney
If you have been injured in a premises liability accident, it is important that you speak to an
experienced lawyer as early as possible. This is important because there is evidence that must be
preserved and communications that have to be sent to the owner of the property in order to
preserve your right to compensation.
Furthermore, you need a lawyer to appropriately evaluate your case, determine what it is worth,
and identify the types of compensation you are entitled to. You need someone to make sure that
you receive fair compensation for your losses with careful analysis of what occurred on the
premises to prove it was the result of negligence and not a personal fault.
Without a lawyer, you may end up not being fully compensated for your losses because you are
simply unfamiliar with Florida law and can’t prove your case without help from those with legal
expertise. It is therefore crucial that you hire a competent, experienced, and qualified lawyer who
has experience with premise liability cases and has helped many clients receive the
compensation they deserve.
At Nooney, Roberts, Hewett & Nowicki, we have been handling premises liability cases for
years and know how to obtain the best results. In addition to being costly, we understand how
getting injured can make carrying out your daily life and career extremely difficult. With this
understanding, we give each of our clients the individual attention they deserve. You are not a
name or number, but a person who deserves compensation for getting injured when it wasn’t
your fault.
For assistance with your Florida premises liability case call us at (904) 398-1992 or fill out a fast
and convenient form to schedule a free initial consultation with our experienced and aggressive
premise liability lawyers.
