How To Prove A Florida Premises Liability – Invitees Claim
In Florida, a claim of Premises Liability – Invitees is defined as:
Premises Liability occurs when a lawful visitor to a property is harmed or injured because the property owner failed to keep his or her property safe. The duty owed to individuals on the premises depends on their legal status, which is categorized into three main classes: invitees, licensees, and trespassers. An invitee may lose his status and become a licensee or trespasser by going to a part of the premises that is beyond the scope of his or her invitation. (This claim might also be referred to as Slip and Fall.)
It simply means:
An injury claim arising from an injury on someone’s property.
There are 4 elements of the claim:
- Element 1. The defendant owed a duty to the plaintiff. In a premises liability case involving invitees, the defendant had a responsibility to keep their property safe and free from hazards for the plaintiff, who was invited onto the property.
Facts that might support this element look like:
* The defendant owned and operated the premises where the incident occurred, establishing a legal duty to ensure the safety of invitees.
* The defendant had a history of maintaining the property and was aware of the potential hazards present on the premises.
* The defendant regularly invited the public onto the property for business purposes, creating a duty of care to protect invitees from harm.
* The defendant employed staff to monitor and maintain the safety of the premises, indicating an acknowledgment of their responsibility to invitees.
* The defendant had previously received complaints about unsafe conditions on the property, further solidifying their duty to address these issues for the safety of invitees. - Element 2. The business establishment breached its duty by either failing to take ordinary and reasonable care to keep its premises reasonably safe for invitees and or failing to warn of perils that were known or should have been known to the owner and of which the invitee could not discover. A business can be held responsible if it doesn’t take proper care to keep its property safe for visitors or fails to warn them about dangers that the owner knows about or should know, especially if those dangers aren’t obvious to the visitors.
Facts that might support this element look like:
* The business establishment had a known history of slippery floors, yet failed to place warning signs or mats in high-traffic areas.
* The lighting in the parking lot was inadequate, making it difficult for invitees to see potential hazards.
* The establishment neglected to repair a broken handrail on the staircase, which posed a significant risk to patrons.
* Employees were not trained to identify and address safety hazards, leading to an unsafe environment for invitees.
* The business did not conduct regular safety inspections, resulting in unaddressed dangers that could have been easily mitigated. - Element 3. There exists a causal connection between defendant’s breach and the plaintiff’s injury. In a premises liability case, it must be shown that the defendant’s failure to keep their property safe directly caused the injury the plaintiff suffered, meaning that if the property had been properly maintained, the injury likely would not have happened.
Facts that might support this element look like:
* The defendant failed to repair a broken step, which directly caused the plaintiff to trip and fall.
* The area where the plaintiff fell was poorly lit, making it difficult for the plaintiff to see the hazard.
* The defendant was aware of previous complaints about the unsafe condition but did not take any corrective action.
* The plaintiff was using the premises as intended when the injury occurred, establishing a direct link to the defendant’s negligence.
* Medical records indicate that the plaintiff’s injuries were consistent with a fall caused by the specific hazard on the defendant’s property. - Element 4. The plaintiff suffered loss or damage. The plaintiff must show that they experienced some form of loss or harm, such as physical injury or financial costs, as a result of unsafe conditions on the property where they were invited, proving that the incident had a negative impact on their life.
Facts that might support this element look like:
* The plaintiff slipped on a wet floor in the store, resulting in a fractured wrist that required medical treatment.
* The plaintiff incurred medical expenses totaling over $5,000 due to injuries sustained from the fall on the premises.
* The plaintiff missed three weeks of work due to the injuries, leading to a loss of income amounting to $2,000.
* The plaintiff experienced ongoing pain and suffering, impacting their daily activities and quality of life.
* The plaintiff had to hire a caregiver for assistance during recovery, incurring additional costs of $1,500.
(See Delgado v. Laudromax, Inc., 65 So. 3d 1087, 1089 (Fla. Dist. Ct. App. 2011). Fla. Stat. 768.0755. Post v. Lunney, 261 So. 2d 146 – Fla: Supreme Court 1972.)
If you’re representing yourself in court and plan to assert a claim of Premises Liability – Invitees, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.
Prove Your FL Premises Liability – Invitees Claim
U.S. Civil Cases Only