West Palm Beach Florida Slip and Fall Lawyers

Elements of a Premises Liability Claim

Generally, a premises liability accident occurs because the parties that own or operate the property failed to maintain it in a safe condition. In such instances, the owner or operator may be held accountable for the injuries brought about by their neglect. Therefore, in most lawsuits arising out of accidents that occur due to a dangerous condition encountered on a premises, the injured parties will assert negligence claims against the property owner.

Under Florida law, negligence is made up of four elements, duty, breach, causation, and damages, and a plaintiff must establish each element to recover compensation. Specifically, a plaintiff has to show that the defendant owed the plaintiff a duty of care, but the defendant breached the duty in some manner, which proximately caused the plaintiff to sustain measurable losses. In sum, the plaintiff has to show that the accident and subsequent harm would not have happened but for the defendant’s behavior.

In Florida, business owners owe a duty to prevent those who lawfully enter their property from sustaining foreseeable harm. Among other things, this means that they have to warn business invitees of any known hazards they may encounter on the property and remediate any dangerous conditions of which they are aware. In cases where the plaintiff suffered harm due to a fall caused by a transient substance, the plaintiff must demonstrate that the defendant had actual or constructive knowledge of the substance. Typically, this is done via evidence showing that the hazard was one that regularly arose at the defendant’s business and, as such, was foreseeable or that it existed for such a length of time prior to the fall that the store owner should have been aware of it.

Meet with a Capable West Palm Beach Florida Personal Injury Attorney

An unsafe premises may lead to an accident that causes severe injuries, and people injured on another person’s property have a right to pursue damages for their harm. If you were injured in an accident on someone else’s property, it is in your best interest to speak to an attorney regarding your options for protecting your interests. At Winegar Law, P.A., our capable personal injury attorneys will craft effective arguments to help you prove that the party responsible for your accident should be held accountable.

How to get started and what to expect during your free consultation

The first step is to simply reach out. We understand this is a challenging time, and we’re here to offer support and clarity.

During your initial consultation:

• You can share your account of the car accident, detailing the events and any injuries you sustained.
• Our experienced attorneys will listen attentively, assess the potential strength of your case, and provide an initial evaluation.
• We will explain your legal rights and the options available to you based on the specifics of your situation.
• You’ll have an opportunity to ask questions and address any concerns you may have regarding your case.