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Personal Injury

Slip and Fall

Premise Liability Claims

DJC
Florida law Florida Statute §768.0755) mandates that if a person slips and falls on a substance in a business establishment, the injured person must prove that the business establishment actually knew of the dangerous condition and should have done something to fix it.

It must now be proved that the substance on the floor was there long enough that the business establishment should have known about it, or that the condition occurred regularly enough that the business establishment should have expected the unsafe condition.

Different Levels of Care
Property owners owe different duties of care depending on the circumstances under which a person enters their properties. Visitors fall into one of three categories:
  • Business invitees
  • Licensees
  • Trespassers
Florida Premise Liability Claims

Florida premises liability law (Florida Statute 768.81) is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. It is a negligence-based system, meaning that responsibility is apportioned in accordance with fault. This is known as the concept of comparative fault. See Florida Statute 768.81, entitled Comparative fault.

Slip-and-fall cases are some of the most common premises liability suits brought against business owners. Other conditions that can give rise to premises liability cases include:
  • Slip and fall accidents
  • Being hit by falling merchandise
  • Dangerously or negligently displayed merchandise
  • Unsafe amusement park rides
  • Assault at a place of business due to negligent security
  • Poor parking lot or sidewalk maintenance
  • Unsafe stairways & handrails
  • Accidents at construction sites
  • Injuries occurring in or around swimming pools, which can include spinal cord injuries, brain damage, or drowning
  • Dog bites or animal attacks
Children's Safety Must be Protected

Property owners - particularly residential property owners who own swimming pools - must take special care to protect children who enter their property, regardless of whether the child is an invited guest or a trespasser. Additionally, under what is known as the "attractive nuisance doctrine," property owners must take special care to protect children from conditions on their property likely to attract children and present a danger to them. This includes not only swimming pools, but also trampolines, old appliances and any other dangerous condition likely to entice a child.

In Florida, an owner or person in possession of the property on which the injury occurred may be held legally responsible for the injury. Some possible claims against the owner or person in possession include the following:
  • Negligence in maintaining the property
  • Inadequate or negligent security
  • Failure to warn of a dangerous condition
  • Wrongful death for a death occurring on another's property or place of business
  • Strict liability for dog bites/animal attacks occurring in a public place or when the victim is lawfully on the private property where it occurs
  • Workers' compensation claims for injuries occurring on the job · Social Security disability claims for disabling injuries
  • Spouse's Loss of Consortium Claim - In certain circumstance, if a spouse is seriously injured, the other spouse may be able to bring a Loss of Consortium claim for loss of normal marital relations
  • Parent's Filial Consortium Claim - In certain circumstances, if a child is seriously injured, the parent may be able to bring a Filial Consortium Claim for loss of the child's companionship, love, affection, and society in the past and the future.
To succeed on a premises liability claim, it must be shown that:
  • The property was in a dangerous or defective condition
  • The owner or person in possession of the property knew or should have known about the dangerous or defective condition
  • The owner or person in possession of the property had time to repair the condition or warn of the condition but did not do either
  • The dangerous or defective condition on the property caused the injury
Swift action on your injury claim can greatly increase your chances of success. Contact David J. Chesnut P.A , When Experience Matters. There is never a fee for a consultation.



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David J. Chesnut, P.A.
215 SW. Federal Hwy., #101
Stuart, FL 34994
772-286-3547