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How do you prove a premises liability claim?

On Behalf of | Jun 30, 2023 | Serious property injuries

Premises liability is a legal concept under Florida tort law that refers to a property owner’s responsibility to maintain safe conditions for lawful visitors.

When they fail to uphold that responsibility, accidents can occur. If you suffered an injury on someone else’s property and file a claim, you must prove critical components of negligence.

Proving the property owner owed a duty of care

The duty of care owed to someone visiting a property will depend on their reason for being there. An invitee is someone entering a property for business purposes, such as a shopper entering a grocery store. A licensee is someone entering a proper with permission for a social purpose. This includes houseguests, such as friends and family. A trespasser is someone who enters someone’s property without permission.

Property owners owe trespassers the least duty, simply not intentionally harming them. They owe the highest duty to invitees, requiring them to warn these visitors of possible dangers. For licensees, they have a duty to keep the property reasonably safe.

Proving the owner breached their duty of care

Proving they violated their duty of care will depend on the type of accident. It could mean showing a store failed to do regular inspections or staff did not follow procedures. For a residential accident, photographs of the dangerous condition and testimonies from witnesses may suffice.

Establishing causation

Lastly, you must prove that the accident directly resulted in your accident and injuries. You also need proof of the damages you claim for compensation.

Every personal injury accident has unique circumstances, but with proper documentation proving your claim, you should have what you need to recover your losses.