Premises and Property Liability Cases in Jacksonville

In Florida and Jacksonville, a premises liability attorney must complete four steps of proof in order for a court to determine that a property owner is liable for your injuries. If you’re on another person’s property and have an accident or slip and fall, an injury can occur and result in burdensome medical bills and loss of quality of life. If it’s as severe as a back injury, the bills and pain could last the rest of your life. If the accident occurred because the owner or manager of the property was negligent, it’s important that they pay for your costs and reimburse you for the pain, suffering and loss they caused you.

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Four Proof Steps Required for Premises Liability Claim

Florida law requires that your Jacksonville premises liability attorney prove four elements in order to win your case against a negligent property owner. Your attorney must prove that:

  • The property owner owed a duty of care to you
  • That the property owner breached that duty and was negligent
  • That the breach of duty resulted in your accident
  • The resulting accident caused your injuries

A “duty of care” means that the property owner had some responsibility to keep you safe. Most businesses have a duty of care to keep you safe because they invite employees and customers on to their property. Usually that means keeping walking areas clear of debris or dangerous circumstances and implementing measures to keep visitors out of potentially dangerous areas. However, if someone trespassed illegally on a business’ property, the property owner would not have the same duty of care to the trespasser.

To prove that a property owner breached his duty of care, a Jacksonville premises liability attorney must show that the property owner did not take reasonable measures to prevent the accident. Someone who incurred a slip and fall injury at a public swimming pool because they were running on the pool deck would have difficulty showing that the property owner or manager was to blame. However, if you slipped, fell and suffered a back injury at a grocery store because of water on the floor, the court is probably going to find that store employees were negligent and the business owner will be liable.

Next, your Jacksonville premises liability attorney must show that the negligent act or breach of duty to care directly caused your injury. This can get tricky in some circumstance. For example, the person who slipped in the grocery store and hurt their back could have a problem if the opposing lawyer can show that the person previously had a back injury or back problem. The defense will probably claim the person would not have been hurt by the fall if the injury had not existed previously.

Lastly, your Jacksonville premises liability attorney must show that the injury you want to be compensated for was a result of the accident. People who suffer these accidents too often underestimate their injuries and put off seeking medical care or tell people at the scene that the injuries are minor or non-existent. Doing this endangers your chances of receiving compensation because there is testimony and evidence suggesting you are asking for more than the injury is worth.

The best way to make sure your case is presented thoroughly and convincingly is to hire a Jacksonville premises liability attorney with experience and a team of experts to gather necessary evidence. Find out how Brett Hastings meets those qualifications and is your best bet for a premises liability case in the Jacksonville area in our About the Law Offices of Brett Hastings section.

Speak with a Jacksonville Premises Liability Attorney about Your Case for Free

You can talk about your potential premises liability and injury claim with Mr. Hastings for free-there’s no cost or obligation. Find out what your rights are and what potential you have for getting compensation for your injuries. Schedule a free consultation with Jacksonville premises liability attorney Brett Hastingson our Free Consults page.

Or Call Brett Hastings today at 904-247-4400.

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Downtown Jacksonville

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Law Offices of Brett Hastings, P.A.
226 N 3rd St.
Jacksonville Beach, FL 32250

(available for consultation)
300 W Adams St #550
Jacksonville, Florida 32202

(available for consultation)
1678 South 8th Street, Suite G-4
Fernandina Beach, Florida 32034

(available for consultation)
2801 N 3rd St
St. Augustine, Florida 32084

904-247-4400
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