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Special Circumstances in Premises Liability Cases

Florida Premises Liability Law Firm for Unique Claims & Circumstances

As a Florida premises liability law firm, we have represented clients in cases involving a broad range of circumstances. While certain types of slip, trip, and fall accidents are relatively common, some special circumstances can present unique challenges when pursuing a premises liability claim. Premises liability claims are a form of personal injury claim and often revolve around negligence. Our attorneys will examine the unique facts for your case and help you pursue the most compensation available

Elderly woman in pain after a slip and fall

Four Types of Premises Liability Claims Involving Special Circumstances in Florida

Some of these special circumstances arise out of the facts involved in the accident, and some of them arise out of specific provisions of the Florida Statutes. For example, some special circumstances that can impact how our attorneys pursue a premises liability claim include:

1. Spills (or “Transitory Foreign Substances”)

Spills are among the most common causes of slip-and-fall accidents. But, when these accidents occur in Florida businesses, special rules apply. Under Section 768.0755 of the Florida Statutes:

“If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”

“Transitory foreign substance” simply refers to something that has been spilled on the floor, whether milk in a supermarket or a cleaning solvent in a big box or home improvement store. As the statute states, to recover compensation in these types of cases, it is necessary to prove that either: (i) the business actually knew of the spill; or, (ii) the business should have known that the spill occurred or the spill was a foreseeable event.

2. Premises Liability Claims Involving Children

Accidents involving children present special circumstances as well. This is due not only to the unique impacts that traumatic injuries can have upon a child but due to Florida’s “attractive nuisance” law as well. Under this law, a property owner can be held liable for a child’s injuries, even if the child was trespassing at the time of his or her accident. Attractive nuisance claims commonly involve hazards such as:

3. Premises Liability Claims Involving Seniors

As we age, our bodies become more fragile. It also becomes increasingly likely that we will suffer the lingering effects of physical injuries that make us more susceptible to harm. As a result, seniors will frequently suffer severe injuries in falls and other premises-related accidents.

In these cases, Florida’s “eggshell plaintiff” doctrine applies. Under this doctrine, property owners can be held fully liable for seniors’ injuries regardless of any pre-existing conditions.

4. Delayed Premises Liability Claims

Finally, in many cases, accident victims wait to seek legal help. The good news is that Florida has a four-year statute of limitations for premises liability claims. However, proving liability for a fall or other premises-related accident can become more difficult as time goes on (and it takes time to investigate and prepare a claim as well), so it is important to speak with an attorney as soon as possible.

Contact Our Florida Premises Liability Law Firm for Your Personal Injury Claim

If you, your child or any other member of your family has been injured in a premises-related accident, we encourage you to speak with one of the attorneys at our Florida premises liability law firm about your legal rights. For a free, no-obligation consultation, call us at 800-780-8607 or tell us how we can help online today.

 

 

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Posted By: Bud Wilder