Are Premises Liability Cases Difficult to Win?

premises liability

Many people think that if you suffer injuries on another person’s property, the landowner is automatically liable. However, each state, including Florida, has its own set of laws that regulate premises liability cases. You will need to know which status applies to your premises liability case.

In Florida, there are three status types. You are classified as a trespasser if you are on another person’s property without his or her permission. You have little or no legal rights if you are injured as a trespasser unless you can prove that the property owner deliberately created impediments to imperil trespassers. The second status type is a licensee – someone permitted but not invited into the property. Licensees like neighbors or family members are eligible for compensation depending on the circumstances you received injuries. An invitee, normally a store patron or public area visitor, has been invited by the property owner to enter the premises. Property owners are expected to keep their properties free from hazards. If you are injured as an invitee, you are protected by Florida laws and are eligible to receive compensation.

Let’s try to understand what a “premises accident” is. It is a legal case in which the owner of a property is held responsible for injuries sustained due to the property’s dangers and negligence. The injuries could have been suffered due to lack of proper security in the swimming pools, poor construction, wet floors, etc.

Suppose you have been injured due to a premises accident in Miami. In that case, it is wise to contact skilled Miami Premises Liability Attorneys because although you are protected by Florida law, you will have to provide many proofs that you may find difficult to obtain.

Proof 1: Your injury

You should be able to prove that your injuries were sustained only because of the negligent property owner and not due to an off-property accident or pre-existing conditions. Your attorney will help you get testimonies, photographs, and other documents for this.

Proof 2: Property ownership and neglect

You will need proof that the defendant owned the property, and it was his duty to maintain it. You should also show proof that the owner was aware of the hazardous conditions but did not get them repaired properly.

Proof 3: Injuries caused by negligence

Your attorney will advise you and help you prove the match between the injuries you received and the property’s negligence by the owner.

Proof 4: Proof of not trespassing.

Since trespassers are accorded scant protection under Florida law, it’s important that you can prove that you were not trespassing on the property.

To successfully file for compensation, you will need high-quality photographs and doctors’ reports, besides the other proofs. These should be produced without much delay. You will need to have a good understanding of the law and what you are eligible for. Hiring Premises Liability Attorneys in Miami is your best option to receive the compensation you deserve.