When an accident occurs on someone else's property, determining liability can be complex. Under Florida premises liability law, property owners can be held liable when unsafe conditions on their premises cause someone to suffer an injury. For an injured party to have a claim, gathering and presenting the right evidence is crucial, which is why a Boca Raton premises liability attorney at Kushel Law Group will immediately protect your rights and discuss your legal options.
Premises liability is a legal concept that holds property owners and, in some cases, property occupiers responsible for injuries caused by unsafe or hazardous conditions on their property.
Homeowners and business owners may be held liable if they fail to maintain reasonably safe conditions on their property. They have a legal duty to repair hazards or warn visitors of dangers they know, or should know about.
If a business or individual leases a property and controls the area where an injury occurs, they may be held liable, and potentially the property owner as well
If a third-party management company is responsible for maintaining and repairing the property, they may be held liable if they fail to fix safety hazards.
Landlords may be held liable for injuries in common areas such as stairwells or lobbies, as well as for failing to make repairs that fall under their responsibility.
If a business is operating on the premises like a store, gas station, restaurant, or event, they may be liable if their negligence created a dangerous situation.
When an injury happens on public property (parks, sidewalks, government buildings), cities, counties, or state agencies might be liable under Florida Statutes § 768.28. These cases often have strict rules and shorter filing deadlines.
In a premises liability case in Florida, several pieces of evidence can be used to establish fault and support your claim. Here are the most common types of evidence.
An incident report is filed by the property owner, manager, or employee at the time the accident happens, with details on what occurred.
Many businesses and residential properties have security cameras, which hopefully captures the accident. Surveillance video acts as an impartial witness, showing how the accident occurred, and the conditions of the property. Photos provide a clear record of the scene as it appeared at the time of the incident. Key photos for the case include: wet floors, broken stairs, poorly lit areas, as well as any visible injury and damage to clothing or personal items.
Eyewitness testimony can help in a premises liability case because it provides firsthand accounts of the incident, the conditions at the time, and the property owner’s actions. It also strengthens credibility and supports claims of physical and emotional distress.
Maintenance and inspection records are important pieces of evidence that can help prove whether a property owner fulfilled their legal duty to keep the premises safe. These records are helpful because they show:
911 calls and emergency response documentation from paramedics and police can be valuable evidence to establish the timeline of events, severity of the incident, and the conduct of those involved.
Medical records provide clear evidence linking the injuries to the accident, severity of the injuries, the treatments received, and the ongoing impact on the claimant's life. These records are an important factor in determining fair compensation.
The defendant’s statements at the time of the accident can be a critical source of evidence especially, if they reveal knowledge of a hazard, admissions of fault, or contradictions to their original version of events.
If you’ve suffered a premises liability injury in Boca Raton, Boynton Beach, or Delray Beach, Kushel Law Group will protect your rights and fight to get you the settlement you deserve. Our personal injury attorneys will send "preservation letters," to property owners or other parties, requiring them to retain critical evidence that might otherwise be lost or destroyed. If needed, we can collect further evidence by issuing subpoenas during the discovery process to help build a stronger case on your behalf.
We’re here for your 24/7, so call us at (561) 940-0100 or fill out our online form for a free case consultation.
Property owners, tenants, business operators, and property management companies can be held responsible, depending on who controlled the area where the accident happened.
Negligent security happens when a property or business owner fails to take reasonable steps to keep their premises safe, which results in injury to a visitor, tenant, or guest.
If you were injured at someone’s home, your right to recover damages depends on showing that the homeowner was negligent. Homeowners are not automatically liable for every accident. You must demonstrate that a preventable hazard caused your injury.
Businesses could be liable if improperly stored or unsecured items fall and injure a customer or visitor.
It’s a good idea to speak with an attorney at Kushel Law Group if you were injured on someone else’s property. Because premises liability cases require proof of negligence, they can be complex and confusing to navigate. Contact us for a free case review.
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