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What is premises liability under Florida law?

Going to the store for groceries. Taking the family to a restaurant. Running up to a store to get in line for a sale. All these things happen in Florida every day, and no one expects such an everyday activity to cause a serious injury.

Accidents can happen, but some kinds of preventable accidents should not be suffered entirely by their victims. The law of the Sunshine State guards citizens and visitors against negligence in statutes addressing premises liability.

What is premises liability?

This refers to responsibility that property owners, business managers and other people and organizations have to people who may have public access or tenants' rights to a property they control.

How can an accident victim sue for premises liability?

If someone slips and falls or otherwise suffers injury on a person's or business' premises, he or she may sue the responsible party if it can be proven they knew of the danger and should have taken steps to fix it or warn people. This includes repairs, a "caution" sign or other way to allow people to avoid danger.

How can a person prove this liability?

Liability is proven if circumstances show the responsible person should have known from routine maintenance after a condition, like a slippery surface or uneven floor, had existed for some time. This may also apply if something happened regularly, such as a leak whenever it rains.

An attorney may help prove liability and help accident victims claim financial damages after a slip-and-fall injury. Precedents exist for medical expense reimbursement as well as other forms of compensation related to an injury experienced on a business or public premises.

Source: Florida Statutes, "Premises liability for transitory foreign substances in a business establishment," accessed Jan. 31, 2018

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