When accepting visitors onto the premises, property owners are held to a high duty of care to ensure that guests and visitors are not injured by hazardous conditions. For example, let’s say that a small child spilled their drink in a grocery store. The store should have workers continuously monitoring the premises to quickly address any issues that could harm others.
If a shopper slips and falls on the spill, it can be argued that:
- The employees knew about the spill and did not take steps to clean it
- The store’s workers, in general, do not take measures to protect visitor safety
- Those working at the store reasonably should have known about the spill and cleaned it
By failing to maintain their establishment in such a way that is reasonably safe and free from various dangers, the property owner can be found negligent. This is why slip and fall accidents typically signal negligence.
Proving Negligence in a Slip and Fall Case
If you were injured due to a slip and fall accident on someone else’s property, this falls under premises liability law.
To pursue compensation for your losses, you will need to prove that:
- The property owner had a duty of care by allowing guests and visitors onto the premises
- The property owner violated this obligation by not appropriately monitoring the premises for potential hazards and did not take measures to remedy them
- A visitor slipped and fell, causing otherwise avoidable injuries
- As a result of the accident, the victim has incurred economic damages
These instances are why slip and fall accidents typically signal negligence. The state of Florida requires that the claimant prove that the property owner had either actual or constructive knowledge that a hazard existed on the premises. For this reason, many claimants work with a lawyer. This allows them to recover from their injuries while a lawyer collects pertinent evidence establishing the role that negligence played in the victim’s injuries.
You Must Prove Negligence to Seek Compensation
Florida law has established that property owners have a duty to take reasonable measures to protect guests from being injured on the premises. If a person slips and falls for whatever reason on another party’s property, there is a very good chance that it was due to negligence.
Florida Statute §768.0755 indicates that a slip and fall victim must prove liability. What this means is that the claimant must successfully argue that the property owner had actual or constructive knowledge of the unsafe condition on their property and did not take measures to remedy it.
Types of Visitors
The law classifies guests and visitors to one’s property into three categories. In most situations, property owners only have a duty of care to protect invitees and licensees against potential harm. In cases where a person illegally enters the property and is then injured, the property owner’s liability is generally limited. Further details about what this entails are covered under Florida §768.075.
Patrons and customers of a business are considered invitees. Business owners have a high duty of care to ensure their safety on their premises. Any hazard that could pose a potential danger to these parties must be remedied within a timely manner, or else the property owner could be found responsible for any resulting damages.
Licensees are guests or visitors to a property, usually for non-commercial purposes. Licensees are also owed a high duty of care from residential property owners. If a slip and fall accident occurs on personal property, the licensee may file a claim against the property owner for their negligence.
One of the greatest misconceptions is that property owners are exempt from liability when trespassers are injured on their property. While this is true in many cases, if a trespasser is injured by gross negligence or intentional misconduct on someone’s premises, they can pursue the property owner for damages. However, this can be difficult, because it can be argued that the property owner could honestly not have known about hazards on the premises since they were not willingly allowing visitors.
Chalik & Chalik Injury Lawyers Can Help
If you slipped and fell on someone else’s property, it was likely due to their negligence and failure to ensure their property was safe for guests. Right now, you may be facing rising medical bills, lost wages, and other losses.
When you work with Chalik & Chalik Injury Lawyers, you can have the peace of mind that a client-centered law firm is working on your behalf. During your free initial case review, our team is interested in learning more about your situation and the impact the accident has had on your quality of life.
We work on a contingency basis, meaning that we do not ask for payment for our rendered services until the successful resolution of your case. If we cannot secure compensation for you, then we do not get paid.
To get started, call Chalik & Chalik Injury Lawyers today at (855) 529-0269.