How to Prove Negligence in a Premises Liability Case

A premises liability case is a type of personal injury claim that seeks to hold a property owner liable, or legally and financially responsible, for an accident and injury that takes place on the premises. To win a premises liability case in Florida, the injured party generally must establish negligence, meaning the property owner’s failure to exercise proper care.

Four Elements of Negligence

Negligence is the foundation of most personal injury claims in Florida. In a legal context, someone is negligent if he or she does not act with the level of care that a reasonable and prudent party would have in the same or similar circumstances.

Proving negligence in a premises liability case requires clear and convincing evidence of four elements:

1. Duty of care: the property owner had a responsibility to maintain a reasonably safe environment. An owner’s duties of care depend on the status of the visitor (invitee, licensee or trespasser). An invitee, such as a customer at a business, is owed the highest standards of care.
2. Breach of the duty of care: a dangerous condition existed on the property and the owner knew or should have known about the condition, yet failed to take reasonable steps to repair, remove or warn visitors about the hazard.
3. Causation: the property owner’s breach of duty directly caused the injury, or it was a foreseeable outcome of the property owner’s negligence. For example, a physical assault is a foreseeable result of negligent security.
4. Damages: there is evidence that the injured victim or plaintiff suffered injuries or compensable losses due to the property accident, such as medical bills and lost wages.

An example of negligence in a premises liability case is if a reasonable property owner would have repaired a floor defect but the owner of the premises did not, the owner could be held liable for a victim’s injuries in a subsequent slip and fall accident.

What Evidence Is Needed to Prove Fault in a Premises Liability Case?

In a premises liability case in Florida, the filing party bears the burden of proof. This means the injured accident victim is responsible for demonstrating the truth of the claim being made against a property owner. The burden of proof in a civil case is a “preponderance of the evidence,” meaning true with at least a 51 percent certainty.

Evidence to support a premises liability claim varies, but examples include:

• An accident report
• Photographs of the accident location and hazard or dangerous condition
• Video footage of the accident
• Signed statements from eyewitnesses who saw the accident take place
• Property maintenance and repair logs
• Property titles or lease agreements
• Medical records and hospital bills
• Photographs of the victim’s injuries
• Pay stubs and proof of lost wages
• Testimony from hired experts

You can strengthen and support your premises liability case by collecting evidence and information while you are still at the scene. However, you can also contact a premises liability lawyer in Tampa to take over the claims process and prove your case for you. A lawyer will preserve and collect key evidence to prove negligence and establish liability in your premises case.