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In 2024, a Florida property owner, manager, and security firm settled a wrongful death lawsuit for $21 million where the victim’s family filed a lawsuit alleging premises liability and negligent security.

Owners of properties have a duty to maintain a safe environment for visitors. Failure to keep the property safe for visitors results in “premises liability.” 

In premises liability, you must prove that a property owner failed to maintain a safe environment. This implies that they had either actual notice of the dangerous condition or should have acquired such notice of the conditions in which you were injured. 

According to premises liability attorney James R. Amarosa II, Esq., it warrants an investigation if you have been injured in a slip and fall accident on someone else’s property, whether or not the owner or business maintained their premises in accordance with the law.

Let’s dwell upon this important phase of gathering evidence to present your case successfully.

Understanding Duty of Care in Premises Liability

As soon as you enter someone’s property, the law places upon the owner the duty to exercise care. This duty requires the owner of the premises to see that they are safe or to prevent any dangerous condition that can cause injury.

Premises liability lawyers from personal injury law firm Easton & Easton, LLP say proving that your accident was caused by the unreasonably dangerous condition of the property or was created by the property owner is important when filing a liability claim.

The nature of such liability varies with the category of visitor, who gets a different amount of protection as an invitee, licensee, or trespasser. As a visitor, you must be observant of your environment and exercise care to avoid accident. 

With this knowledge, you can then assert your rights against property owners should negligence on their part cause you injury.

Establishing Breach of Duty

To establish a breach of duty, it should be established that the property owner was required to render the premises safe. This requires setting forth facts showing a notice of the dangerous condition, either actual or constructive, on the part of the defendant.

Evidence that alleges against the defendant in proof of a breach can be evidence of maintenance records, inspection reports, or testimony from witnesses. Photographs of the defect or dangerous condition may be even more persuasive. It helps if other guests have filed complaints about the condition.

Proving Causation Between Breach and Injury

Once duty is breached, causation comes into play to bind the negligent act of the property owner to the injury.

To prove causation, it must be established that your injury occurred as a direct result of the property owner’s failure to maintain a safe environment.  There is usually understanding as to how the unsafe condition was present long enough for the owner to know about it and fix it.

Depending on the situation, you may need evidence such as witness statements, photographs, or maintenance records.

You have to be able to say your injury would not have occurred but for the breach. By making this statement, you strengthen the case and explain the connection from the owner to your harm, which proves crucial in a winning claim.

Documenting Your Injuries and Damages

You must establish the injuries and damages that constitute your claim within premises liability.

Keep detailed medical records of your treatments, including the dates and types of treatment received from each physician. Take photos of your injuries at different stages to present their severity visually.

Gather every medical bill and record to verify your financial losses. Document any loss of wages; this figure can significantly affect the actual amount of compensation payable.

On top of that, writing down your pain level, misery, and the effects of your injury in daily life will move your case forward. Thorough documentation would serve as the best evidence supporting your claim.

Legal Defenses in Premises Liability Cases

Defenses in premises liability law are complex when property owners assert rights for their nonliability in injuries. For example, an assertion may be made that you were trespassing or that your negligence caused the accident.

Knowing the arguments is important for your case. For instance, ignoring warning signs or acting recklessly on the property could lessen your claim.

Another argument that defendants might bring up is that they reasonably maintained the property on their part concerning safety, thereby shifting the burden back to you.

Counter these defenses with solid evidence such as witness testimony and photographs. An attorney can surely guide you through these issues and formulate a secure case.