It’s reasonable to expect to be safe when you visit someone else’s property, whether it’s a home or business. Unfortunately, property owners in Panama City do not always keep their premises in safe condition, an oversight that can lead to slip-and-falls or other premises liability incidents. If you fell or sustained other injuries on someone’s property, you might have cause for a premises liability claim.
What Is a Premises Liability Claim?
A premises liability claim is a legal case you can file if you sustained injuries on someone else’s property due to unsafe conditions. Property owners must keep their land, buildings, and walkways safe for visitors. They may be responsible for your injuries if they failed to fix hazards on the grounds or warn you.
Types of Premises Liability Cases
Premises liability claims encompass many accidents that can occur on someone else’s property. Some premises liability cases we handle include:
- Slip-and-Fall Accidents – Wet floors, loose rugs, or spills can cause someone to slip and fall backward onto the ground. Property owners must clean hazards promptly or post warnings to keep visitors safe.
- Trip-and-Fall Hazards – Uneven sidewalks, cracked pavement, or exposed wires can cause serious injuries if someone stumbles forward and falls. Owners should repair or block off these dangers to protect visitors.
- Poor Lighting – Dim or broken lights in hallways, parking lots, or stairwells can cause falls. Property owners must provide proper lighting to keep guests safe.
- Negligent Security – In high-crime areas, property owners may need security guards, cameras, or locked gates to protect visitors or tenants. Without them, guests could face assaults, thefts, or other dangers.
- Dog Bites or Animal Attacks – Florida law requires pet owners to control their animals. If a dog or other animal bites or attacks someone, the owner may be legally responsible for the victim’s injuries.
- Swimming Pool Accidents – Pools must have secure fences, safety signs, and proper supervision to reduce the risk of drownings. Young children are particularly prone to drowning and don’t always recognize warning signs.
- Falling Objects – Items falling from shelves, ceilings, or buildings can cause serious harm. Store owners must secure objects to prevent goods or objects from falling.
- Elevator and Escalator Malfunctions – Property managers must maintain elevators and escalators. If they break and someone gets hurt, the building owner could be liable.
- Unsafe Stairways – Broken railings, loose steps, or debris on stairs create serious risks. Owners must fix these issues or warn guests of the danger.
- Toxic Exposure – Mold, gas leaks, or hazardous chemicals can make visitors sick. Owners must fix known issues and keep the area safe.
How to Prove a Premises Liability Claim
The key legal principle in Florida premises liability claims is whether a property owner violated their duty of care toward a visitor. Property owners owe different levels of care to different classes of visitors. There are three main visitor types:
- Invitees are people invited (implicitly or explicitly) to a property for a business purpose. For example, customers at a business or tenants of residential properties are invitees. Owners must fix known hazards and warn invitees about any known dangers. They must also regularly inspect the grounds for anything that might endanger an invitee.
- Licensees visit a property for social reasons, like guests at someone else’s home. Owners must warn licensees about known risks but don’t have to inspect for hazards.
- Trespassers enter a property without permission. Owners don’t owe much to trespassers but can’t intentionally harm them. However, children may be treated differently under the “attractive nuisance” rule. This rule says property owners may be liable if a child entered a property without permission because something on the grounds attracted the child. In Florida, this rule often applies to cases where children drown in someone else’s pool.
To prove a premises liability claim, you must show the property owner was negligent and that their carelessness caused your injury. Some types of evidence premises liability lawyers often use in these cases include:
- Photographs or Video Footage – Pictures of the hazard or surveillance footage of the incident help show what happened and how dangerous the condition was.
- Medical Records – Notes from your doctor and similar documents can help link your injuries to the incident. They also show the cost of your treatment and help prove how serious your injuries are.
- Incident Reports – If you reported the incident to the business or property manager, that document may support your version of events.
- Witness Statements – Testimony from people who saw you fall or the dangerous conditions on the property can substantiate your claim.
- Maintenance Records – These documents may show the owner knew about the hazard and didn’t fix it promptly.
What To Do if You Were Hurt on Someone Else’s Property
If you were hurt on someone else’s property, see a doctor right away. Hold on to your medical records, as you’ll need them to link your injuries to the accident.
Save anything related to the incident—photos, receipts, clothes, even the shoes you wore. Write down everything you remember, including the time, location, and what caused the injury.
Avoid talking to insurance adjusters before speaking with a lawyer. They may try to downplay your claim or trick you into saying something that hurts your case. Finally, contact a premises liability attorney as soon as possible.
Deadline to File a Panama City Premises Liability Lawsuit
The usual deadline to file a premises liability lawsuit in Florida is two years from when you got hurt. However, waiting to talk to a lawyer is unwise. Critical evidence can fade within days of these incidents, and your lawyer can preserve this evidence to support your claim.
Contact a Panama City Premises Liability Attorney
The Bruner Law Firm has represented injured people in Panama City for nearly 40 years and has repeatedly proven itself in high-stakes cases. Trust us to handle your case and fight for the money you need for a full recovery. Call (850) 243-2222 now or complete our contact form for a free consultation.
