As a general matter, Florida landowners owe a duty to those whom they invite onto their property to keep the area reasonably safe and warn visitors of known hazards that may not be readily apparent. The extent of the duty owed by a landowner depends on several circumstances, including the relationship between the parties. For example, a business visitor such as a customer in a retail establishment is owed a higher duty of care than a social guest.
When a landowner fails to exercise the necessary level of care in maintaining their property, and a guest is injured as a result, the landowner may be held liable for their visitor’s injuries through a Florida premises liability lawsuit. In general, in order to succeed in a premises liability lawsuit, a plaintiff must establish that the property owner knew or should have known about the hazard causing the plaintiff’s injuries.
Importantly, a Florida premises liability plaintiff does not need to prove that the landowner had actual knowledge of the hazard; it is sufficient to show that the defendant landowner had constructive knowledge of the hazard. Constructive knowledge is a legal concept by which a court assumes that a party has knowledge of a certain fact based on the surrounding circumstances.
For example, if a retail store manager looks outside through a window and sees that it is raining, it’s fair to assume that the manager should expect that when it is wet outside customers may track water in as they enter the store. Thus, the manager may be found to have constructive notice of a puddle of water near the store’s entrance, even if she was never in the area of the puddle and did not actually see it.
Man Dies in Slip-and-Fall Accident on Jupiter Boat Dock
Earlier this month, the son-in-law of country music star, Alan Jackson, died in a slip-and-fall accident in Jupiter, Florida. According to a recent news report covering the tragic accident, the 28-year-old man was helping a woman as she was boarding a boat when he slipped and fell, hitting his head on either the dock or the boat itself. The man suffered severe traumatic head injuries, and was later pronounced dead. Authorities have begun an investigation into the slip-and-fall accident, and it has yet to be determined what the cause of the accident was.
Have You Been Injured in a South Florida Slip-and-Fall Accident?
If you or a loved one has recently been injured in a Florida slip-and-fall accident, you may be entitled to monetary compensation through a Florida personal injury lawsuit. The dedicated injury lawyers at the South Florida personal injury law firm of Cecere Santana have extensive experience representing injury victims in cases against those responsible for their injuries. We represent clients across the state, including in Plantation, Coral Gables, and West Palm Beach, in all types of Florida personal injury cases, including Florida boat accidents. To learn more, and to speak with a dedicated Florida injury attorney about your case, call 800-753-5529 today. Calling is free, and you will not be billed for our services unless we are able you help you obtain the compensation you deserve.
See Additional Blog Posts:
Wrongful Death Claims Following Florida Auto Accidents, South Florida Injury Attorneys Blog, September 5, 2018.
Update: Investigation Sheds Additional Light on Florida Roller Coaster Accident, South Florida Injury Attorneys Blog, published August 27, 2018.