Is the Property Owner Responsible for My Injuries?
The most common injuries on another person’s property are due to slip-and-fall or trip-and-fall accidents. Premises liability cases are often complex, as these injury claims rely on prior knowledge of the hazardous conditions by the property owner or manager. When should you call a South Florida premises liability attorney for your claim, and how do you prove property owner negligence?
Common Causes of Private or Commercial Property Accidents
What are some common causes of premises liability cases? Common instances of injuries on someone else’s property can include:
- Tripping on loose carpeting or broken tiles
- Slipping on a wet surface
- Improper paint on walkways
- Broken stairs or handrails
- Poor lighting
- Improper security measures to keep people from unsafe areas
In Florida, people on another person’s property can be invitees, licensees, or trespassers. Invitees include business customers or private guests. Licensees include people without an invitation with a right to be present, like someone walking down the sidewalk or a meter reader. Trespassers have no right to be on a property.
Common Injuries in Slip-and-Fall Accidents
Slip-and-fall accidents (or trip-and-fall accidents) are the most common type of accident someone might have on a private or commercial property. Common injuries in these accidents include:
- Broken bones (especially in the hands, wrists, arms, and hips)
- Sprains, strains, and other soft tissue injuries
- Head injuries (concussions, skull or facial fractures, etc.)
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
If you suffer an injury due to a hazard on someone else’s property, can you pursue an injury claim against the property owner? Who is liable for injuries on commercial or private property?
Negligence in Premises Liability Injury Claims
When you suffer an injury on another person’s property, you bear the burden of proof to prove property owner negligence. As the claimant, you need to prove the owner knew or should have known about the hazardous conditions on their property. When you first suffer the injury, the defendant will likely deny they were aware of the hazard.
Personal injury claims rely on being able to prove the four elements of negligence by the property owner:
- That the defendant owed you a duty of care
- That the defendant breached their duty
- That you suffered injuries and losses as the result of an accident on the defendant’s property
- That the defendant’s breach of duty resulted in your accident (legally called “causation”)
At the scene, try to take several photos or videos of the conditions that caused your accident. The defendant may attempt to fix the hazard after your accident and claim you faked your fall.
Your Florida premises liability attorney can help you gather evidence for your claim to build a case. Proving property owner negligence is a complex area of law, and victims can suffer severe injuries.
Settlement Negotiations and Court Cases for Premises Liability
Insurance companies often try to deny or devalue claims, and settlement negotiations could backfire if you don’t have enough evidence to back up your claim about a broken sidewalk or spilled product in the grocery store aisle. If settlement negotiations break down, your attorney can help you file a lawsuit against the liable property owner or site manager within the statute of limitations.
Contact Florida Keys Injury for a Florida Keys Premises Liability Claim
Proving negligence when you suffer an injury on someone else’s property can be challenging. Contact us at Lyons & Snyder today to meet with a Florida Keys premises liability attorney. Call us at 786-730-7198 or contact us online to schedule your free consultation at our office in the Florida Keys.