Premises liability lawsuits are often referred to as “slip and fall” cases and stem from unsafe or defective conditions on someone else’s property. Like other personal injury cases, slip and fall lawsuits are based on negligence, which means a property owner did not exercise reasonable care in keeping the property safe for others. Proving the elements of a premises liability case can be complex, so it’s advisable to consult an experienced Brandon slip and fall accident lawyer.
To prevail in a slip and fall case, the accident victim must establish several elements. This includes proving that the property owner owed a duty of care, that the duty was breached, that a hazard existed and caused the injury, and that the injury resulted from the hazard.
In Florida, visitors are classified as invitees, licensees, or trespassers. Invitees have express permission to enter the property and are owed the highest duty of care. Licensees enter the property for their own purposes with either express or implied permission and property owners owe them a more limited duty. Trespassers enter the property without permission and their owed duty depends on whether they are discovered or undiscovered.
Proving a breach of duty is crucial in slip-and-fall cases. This means demonstrating that the property owner did not keep the property as safe as they should have based on the visitor’s classification. For example, a grocery store may breach its duty to keep shoppers safe if it fails to promptly clean up a spill or warn customers.
If you fell on someone’s property due to their negligence give Giddings Law Group a call.