For a plaintiff (the injured person) to be successful in an action against a landowner, the plaintiff must prove the following:
One of the more difficult elements for a plaintiff to prove is that the defendant knew or should have known of the dangerous condition. It is not necessary to prove that the landowner knew or should have known of the dangerous condition if there is evidence that the dangerous condition was created by the defendant, its agents (employees) or their activities. In such cases, the landowner has a duty to exercise ordinary care for the safety of those lawfully on the property. As notice of a dangerous condition is often the most difficult element of a premises liability action to prove, cases involving a defective condition created by the landowner may be more likely to succeed.
The law in Florida governing the litigation of premises liability actions is complex. If you have fallen and suffered injury as the result of a condition of someone else's property, please contact our office so that we may discuss the details of your case with you. Only after a thorough assessment of the facts surrounding your fall may a determination be made as to whether you are entitled to compensation.