Jacksonville Premises Liability Attorneys
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Premises Liability and Negligent Security
Property owners have a responsibility to ensure that safety hazards on their land do not cause harm to guests. Homeowners with pools, for example, must take steps to protect visiting children from danger. If a danger is present, it must be clearly marked to prevent harm. For example, if a store staircase has a broken step, signs should be posted to warn customers. Except in cases of trespassing, property owners are liable for injuries that occur due to preventable hazards on their premises. Even if a property owner is not aware of the hazard, our attorneys may be able to prove that he or she should have known about the problem.
If you have been injured on another's property, you may be eligible for compensation. Contact our personal injury attorneys in Jacksonville, Florida today to schedule a free review of your case.
- Premises Liability
- What to Do if You are Injured in a Slip and Fall Accident
- Negligent Security Lawsuits
- How Landlords May Violate the Standard of Care
- Premises Liability FAQs
Premises Liability
Under Florida law, the business owner who controls the premises you are on owes you a duty to maintain those premises in a reasonably safe condition for the welfare of all customers. This includes a reasonable effort to keep the premises free of foreign objects or substances that might cause injury. When a foreign substance is on the floor of a business, causing you to fall and be injured, the presumption is that the owner did not maintain the premises in a reasonably safe condition and should have anticipated that shoppers would be harmed as a result of the open and obvious hazard.
Even if the hazardous condition is open and obvious and you still did not see it, this does not put the burden of fault for the fall on you. Florida law allows a person who is injured as a result of a slip and fall accident in Jacksonville to make a claim even if the owner of the business says that you should have seen the substance on the floor. The business that controls or has possession of the premises has a duty to maintain, inspect, repair and warn of any dangerous conditions.
What to Do if You are Injured in a Slip and Fall Accident
1. Get the names, addresses and telephone numbers of any witnesses who may have seen you fall. Also be sure to get the names, addresses and phone numbers of any employees who may have seen you fall.
2. Try and remember any statements made by store employees at the time of the accident that can be used later to imply liability. Statements such as, "I was supposed to clean that up," shows the store management knew a problem existed.
3. Make sure the incident is reported to the store manager.
4. Try to determine the substance that caused you to fall.
5. If you have a cell phone that takes pictures, make sure you take a shot of whatever was on the floor or in the vicinity that caused your accident. If you do not have a cell phone that takes pictures, ask someone nearby to take a picture. Many stores sell disposable cameras that can also be used for this purpose.
6. If possible, try to determine where the substance came from. For instance, there may have been water leaking from a malfunctioning refrigeration unit. If you can show that the substance has been on the floor for an extended period of time, it indicates that management of the store had ample opportunity to clean up the substance before you fell.
7. Try to obtain a copy of the incident report prepared by the manager.
8. Get medical help immediately.
Oftentimes there is a defect in the property itself. Steps may not be up to code or there might be a structural problem with the premises that caused you to slip and fall. That's why it is important to get a Florida premises liability attorney immediately so he or she can go out and take photographs and establish the defective nature of the property before the owner tries to correct it.
Negligent Security Lawsuits
Negligent security lawsuits are a fast-growing segment of litigation in the United States. In these cases, typically the injured are seeking to hold the owner of a commercial property liable after a violent crime has occurred on the premises.
Owners and possessors of the property are required to take reasonable steps to make the property safe. Florida law states that landowners have a duty to provide adequate security when there is a history of similar criminal activity on the property. Owners have been found liable for injuries resulting from criminal activity if they have received notice that a crime might occur.
How Landlords May Violate the Standard of Care
1. Failure to perform criminal background checks on employees, particularly those who might have a direct impact on the security of the property, its tenants, or customers.
2. Failure to properly screen new tenants.
3. Failure to inform tenants about security problems or criminal activities on or near the property.
4. Failure to establish or follow security policies or procedures.
5. Failure to seek advice from law enforcement or independent consultants
6. Failure to provide or enhance patrols by security guards or other personnel
7. Failure to continually review safety precautions such as lighting, fencing, entrances and exits and barrier systems, identification systems, close circuit TV's and other monitoring and alarm devices.
8. Engaging in advertising that overstates security measures.
Premises Liability FAQs
Learn more about premises liability and negligent care lawsuits:
I was injured on another's property. Is there anything I can do?
You may be able to recover damages if the property owner's negligence caused your injury. A property owner is responsible to maintain the property in a safe condition. If the owner violated the proper duty of care for the property, he or she could be held responsible. But duty of care is not the same in all situations. For instance, a business owner has a higher duty of care to his customers than a homeowner has to someone trespassing on his property. Contact us now to discuss your case with our Florida premises liability attorneys.
Are punitive damages available in a premises liability case?
Yes, but gross misconduct must be proven. In other words, evidence must prove the defendant's behavior showed a reckless disregard of a known danger and that danger caused damages.
Can a property owner be held responsible for criminal acts that happen on his property?
Yes. If the owner knew or had good reason to know a criminal act could happen on the property and failed to take the proper steps to prevent it, he or she could be held responsible. Proving negligence in this kind of case is more difficult than a slip and fall situation, but it can be done.
If you have been injured as a result of a violent crime on a commercial property, contact Farah and Farah for a free evaluation of your claim.