As with most injury claims, slip and fall cases (as well as trip and fall cases) generally require the elements of liability, causation and damages. The unique element in slip and fall or premises liability cases is that the laibility determination is impacted by the relationship between the injured party and the property owner. In Florida, courts look at whether the injured party was on the property as an invitee, a licensee or a trespasser. While caselaw describing these various relationships is mixed, the bottom line is whether the injured person was on the property with permission and for what purpose. For example, persons who come onto property for business purposes are given a fairly high standard of duty owed by the landowner. On the other hand, the duty owed by a property owner to a trespasser is considerably less demanding. Because of the complexity among the various relationships, if you are injured while on the premises of another person, you should consult an experienced injury attorney who can analyze your situation and advise you if you have a claim.
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(c) Copyright 2008 Michael Lins, Attorney
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