Business owners purchase liability coverage to pay for accidents that happen in their buildings. However, more severe events increase the risk of a lawsuit. Florida’s personal injury laws require the owners to mitigate risks and hazards that could cause injuries for guests. A failure to provide this duty to visitors leaves the owners liable and leads to financial losses if the claimant wins their case.
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What Laws Apply To Premises Liabilities?
Florida State Statute 768.0755 outlines the responsibilities and duties of property owners. The owner must maintain the structure and keep it free of hazards that could cause personal injuries. The law applies to commercial and residential property owners. Under the legislation, the owner must set up signs or barriers for any dangerous sections of the property and prevent entry to the area.
If the owner doesn’t provide a proper warning of the hazard or correct it, they are liable for any injuries produced when a visitor slips and falls. Victims who were injured in a fall get information on how to protect their rights by contacting an attorney now.
How Do You Substantiate The Victim’s Right To Be On The Property?
In a premises liability case, the injured party must have a right to be on or inside the property. With a commercial property or business, the accident must happen during business hours. For residential properties, the owner must have invited the person to the property, or the individual must have been performing their job duties at the time they were injured. If a victim was on or inside the property unlawfully, they do not have a viable claim against the property owner.
Can Witnesses Testify On The Victim’s Behalf?
Any witness that saw the victim’s accident can testify in court. An attorney must depose the witnesses and get sworn statements of their recollection of the event. In a civil lawsuit, the attorneys representing both sides have the right to question the witnesses and collect information about the accident.
Is Video Surveillance Footage Admissible?
Most businesses and commercial properties have security surveillance systems installed to protect the property and capture images of people who enter and exit the building. A slip and fall accident that happens indoors has a better chance of showing up on video footage.
Some commercial property owners have limited cameras outdoors and may not get all angles of their parking lots and spaces around the building. If there is footage, the attorney can file a court order to get it from the owner. Video images that show why and how the victim fell are crucial for the case.
What Evidence Does The Client Need?
The civil lawsuit requires medical evidence that shows injuries that are consistent with a slip and fall accident. Minor injuries are managed through a fast insurance claim and don’t generally result in a lawsuit. Medical records are a requirement. Witness testimony helps support the allegations. If there is a video of the accident, it shows what happened and if the victim played a role in their own accident.
Premises liabilities occur due to the failure of the property owner to maintain a safe space for visitors. Laws require the owners to correct the hazards or to provide warnings for anyone entering the building to prevent accidents and injuries. If steps are not taken to protect guests or customers, the owner is liable and responsible for all medical costs incurred by the claimant.
IMAGE: PEXELS
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