Often people will assume that premise liability and slip and fall cases are the same thing under Florida law. While they are related, they are not identical. Here are the differences and similarities in premise liability and how the two relate to each other.
Premise liability cases are typically personal injury cases where the accident was caused by unsafe or defective conditions on someone’s property. Most premise liability cases are based on negligence. The injured person must prove the property owner was negligent in their maintenance or ownership of the property in order to collect financial compensation. This typically means that the owner of the property failed to use reasonable care for the premise.
Premise liability encompasses multiple types of cases. The following types of cases can be categorized as premise liability cases:
- Slip and fall
- Defective conditions on the property/premise
- Inadequate maintenance of the property/premise
- Dog bites
- Flooding or leaks
- Toxic fumes or chemicals
- Swimming pool accidents and injuries
- Inadequate building security
- Escalator accidents
- Elevator accidents
- Amusement park accidents
As you can see, slip and fall cases are just one of the several types of premise liability cases that can be filed. The property owner has a duty of care to make sure the property is safe for visitors. There are three types of visitors to consider that may enter the property: an invitee, a licensee, and a trespasser. Trespassers were traditionally not owed a duty of care by the property owner in the past, but laws change from state to state so you should consult with one of our slip and fall attorneys to see how the rules apply in your case.
Slip and Fall
Slip and fall cases fall under the wide umbrella of personal injury cases regarding premise liability. Slip and fall cases, otherwise known as trip and fall cases, tend to be the most straightforward of premise liability cases. Of course, there are always exceptions. These types of cases occur when someone injures themselves by slipping and falling on another person’s property.
There are many dangerous conditions that could be the cause of someone slipping and injuring themselves. Conditions such as a wet floor, narrow stairs, inadequate lighting, or ripped carpeting could all cause injury. If the person visiting the property is injured due to negligence on the property owner’s part, then it is up to the victim to prove fault. An attorney and experts can help the plaintiff show sufficient evidence to prove that there were dangerous conditions. In order to prove that the property owner is at fault, the plaintiff must show that the property presented a dangerous condition, the property owner had knowledge of the condition, and failed to take precautions to keep visitors from harm.
The plaintiff must prove their claim in order to collect a financial settlement. The injured party must also file the lawsuit within four years of the date of the accident for their claim to be valid. An experienced slip and fall lawyer should be consulted in such cases.