If you have been hurt by dangerous conditions on someone else's property
or a commercial property, it will be up to you, the plaintiff, to illustrate
how the property owner contributed to your injury. In Florida, this will
essentially come down to two different, related legal concepts: foreseeability
and duty of care. Below, we take a look at both of these elements and
why they are essential to a successful injury claim.
The Foreseeability Test
Unlike many other states, Florida
premises liability suits rely heavily on an element of foreseeability when it comes to establishing
property owner liability. To hold a property owner responsible for an
accident that occurs on their property, the plaintiff must assert that
the accident occurred in a "zone of foreseeability."
This means it must be argued that the property owner should have reasonably
known that the accident was possible or even likely. The simplest example
of this is when there is a spill in a grocery store: it is mopped up,
and the staff will place a hazard cone over a wet area because management
knows that now a slip and fall is more likely to happen.
Duty of Care
In the above example, the act of putting out the hazard cone is the property
owner acting upon their "duty of care." Duty of care is the
legal responsibility that all property owners have to maintain a safe
environment for welcome visitors and—when an accident is foreseeable—remedy
the situation as swiftly as possible.
When it comes to these premises liability claims, some of them are cut
and dry and others require a compelling argument before the court (as
the nature of "foreseeable" can often be subjective). That is
why it is so important to have diligent and proven counsel by your side
when pursuing these claims.
If you've been hurt on someone else's property, the dedicated Martin
County personal injury lawyers at
Lauri J. Goldstein & Associates, PLLC are ready to hear your story. Our team has more than seven decades of
combined legal experience and know how to bring a proactive, effective
approach to your injury claim.
We're ready to pursue the relief you know you deserve.
Contact us today to learn more.