According to Florida state law, business owners, lessees, public property owners and residential property owners are responsible for maintaining their land and establishments in a reasonably safe condition to prevent accidents with injuries. Bodily harm or wrongful deaths caused by an alleged property owner’s negligence holds them liable for damages. In some cases, there are punitive awards if the property owner acted in a truly egregious fashion.

Slip and fall cases are the most commonly filed premises liability claims for residential or commercial properties; however, there are various reasons for filing these actions. Examples include injuries incurred by victims due to maintenance issues or defects in swimming pools, construction sites, elevators, escalators, and amusement parks. Water leaks, toxic substances, clutter, low lighting, loose handrails or stairs, and inadequate security are other frequent causes of premises liability claims.

Buchanan & Buchanan, P.A. is an Insurance Defense Litigation Law Firm with more than One Hundred Years of Combined Experience

Our law firm aggressively defends against premises liability claims, representing nationwide insurance carriers and self-insured entities. We accept referrals for all complex litigation defense claims in State and Federal, as well as Courts of Appeal. Every case is prepared thoroughly and meticulously as if it will go to trial. We are proven trial attorneys and have the depth of experience to navigate claims through the litigation process to minimize our clients’ future exposure to claims.

A prompt investigation can produce the most favorable outcome for an insurance carrier and the insured. Some of our efforts in an investigation consist of collecting and preserving the evidence at the accident scene and scrutinizing the plaintiff’s medical records.

Strategic Defenses to Mitigate or Dismiss Allegations of Negligence include:

• Assumption of risk is an affirmative defense on the premise that the plaintiff was aware of the unsafe condition and voluntarily exposed themselves to the possibility of harm. It can occur when there are obvious risks such as extreme sports or entering a property with clear signage about potential harm.

• Comparative negligence is a defensive action, whereas the plaintiff’s actions are partly responsible for the incurred injuries. Although they can recover damages, compensation is reduced by their percentage of responsibility.

• A plaintiff’s pre-existing condition can reduce or deny a claim if it is established that injuries were caused by a prior event.

• The statute of limitations for a premises’ liability lawsuit must be filed within four years from the date of the alleged injury, or recovery from damages is not possible.

• Property owners generally do not owe a duty of care to trespassers except under certain circumstances.

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