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How Florida statutes define premises liability

On Behalf of | Feb 10, 2019 | Premises Liability |

Some people may seem more “accident-prone” than others, but when there are dangerous conditions on someone else’s Florida property, you do not have to be uncoordinated to be susceptible to falling. The team at Dana J. Watts, Attorney at Law, often counsels clients about their options for compensation after an injury caused by someone else’s negligence.

How do you know if negligence was a factor in your accident? The Florida premises liability statutes explain how you can tell if the property owner’s failure to maintain safe conditions makes him or her liable for your damages. 

Say that you fell because of something on the floor. The statute refers to this as a “transitory foreign substance,” which could be anything, liquid or solid, that is somewhere it should not be. To prove negligence, you would need to show that the property owner knew that substance was there and did nothing to correct it. 

Maybe the property owner did not know about the hazard. The statute addresses this through the definition of constructive knowledge. Constructive knowledge means that the owner is responsible if the substance was there long enough that he or she should have been aware of it, or if the substance is there often enough that he or she should have anticipated it.

For example, if it is raining outside, and there are no floor mats and wet floor signs out near the doors of the building, the property owner may be negligent in protecting everyone who enters.

More information about slip-and-fall accidents is available on our webpage.

Board Certified Civil Trial Lawyer

Dana Watts is a board certified civil trial lawyer by the Florida Bar Board of Legal Specialization with more than 30 years of litigation experience. He also received an AV* peer review rating through Martindale-Hubbell.

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Dana J. Watts Attorney at Law

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