Is Premises Liability a Form of Negligence?
Premises liability accidents, when a duty to protect workers, patrons and others with permissible purpose to exist on one’s property is breached, fall under general negligence laws. A property owner’s negligence, which causes unneeded injuries, is a component of premises liability claims that must be proven by a preponderance of the evidence, as with other negligence cases.
The many premises liability elements Florida attorneys will present in court are often enough to compel at-fault parties to settle before trial, with some cases investigated further prior to being filed in court.
If you or someone you love are injured on someone else’s property (such as a grocery store or restaurant) you should always take photos of the scene and whatever caused you to fall and notify the property owner or business and have them complete an accident report (it’s also recommended that you take a photo of the accident report as evidence of your fall).
Read on to learn more about negligence and its relationship to premises liabilities.
Separating “Premises” and “Liability”
Before discussing relational importance of negligence and liabilities, let’s form a working definition of “premises” and “liability, and see how they merge.
A premises is one’s domicile, together with land and any outbuildings, which is normally occupied by persons or those with business interests. An empty tract of land that has either business or personal ownership interests could also be construed as a premises.
Liability is the state of having legal responsibility for “something”.
Put together, premises liability simply means an individual is legally responsible for their dwellings. This may seem simple, yet the legalities of this term extend well beyond owning a house and keeping it clean.
How Negligence Merges with Premises Liability
Negligence must be proven. It’s not a “given” that an individual’s actions caused another person to become injured on their property or place of business. Premises liability claims assume negligence is the key component, although it’s unclear until further investigation takes place which party shoulders all, or part, of the blame.
Premises liability accidents are common in workplaces, hotels, apartments and even churches. Individuals seriously injured or killed have civil remedies, provided their injuries stemmed from a permissible purpose for existing on the negligent party’s property and not from criminal entry. Specifically, an individual that falls on a wet floor in Walmart where no sign was present has a much better chance at seeking redress than an individual that kicked in a door and fell on a freshly waxed floor.
Attorneys Can Remove Ambiguity for Plaintiffs
Accidents that happen on another’s property will become a blur to the victimized party. It’s up to law enforcement, witnesses and the keen eye on an attorney to piece together events that led up to this incident. Problems with evidence can arise if witnesses are uncooperative, or the property owner fixes the issue that caused the accident prior to outside involvement.
Different laws, court procedures, settlement options and personal responsibilities can complicate premises liability claims. With that in mind, you’d find hiring an attorney with expertise in tort laws particularly useful if getting compensated is your end goal.
Payer & Associates in Miami offer intelligent representation of injured persons who entrusted their safety to another. To get started in holding the premises owner accountable, call 305-854-4442 today.
