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A major aspect of personal injury law is premises liability law, which addresses injuries that occur because of unsafe conditions at a location, such as a slippery floor in a retail store. Premises liability law also pertains to injuries that occur because of a failure to protect a person from harm caused by third persons on the premises (for instance, a lack of safety measures to protect patrons of a shopping center in a high-crime area).
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A possessor of a premises owes two legal duties to a business invitee: (1) to use reasonable care to maintain the premises in a safe condition, which duty includes a duty to use reasonable care to learn of the existence of any dangerous conditions on the premises, and (2) to give the invitee warning of concealed perils which are or should be known to the landowner, but are unknown to the invitee and could not be discovered by him through the exercise of due care. An invitee is a person who enters and remains on the premises at the express or implied invitation of the person owning or possessing the premises.

The adequacy of the safety measures will vary according to the type of business. For instance, places of amusement, such as a sports stadium, have a continuous duty to look after the safety of patrons, since food and drinks are being sold, and customers are constantly carrying and spilling these items. A safety program must always take into account human imperfection and guard against foreseeable mistakes. In a retail setting, merchandise displays are positioned at eye level and designed to attract customer attention and generate profits. The customer is not expected to look down for hazards all the time.

In negligent security cases, it is only necessary that the landowner be able to foresee that some injury will likely result in some manner as a result of his negligence. Allegations that prior criminal acts had occurred in the area are pertinent to determining foreseeability, and police records of reported crimes in the geographical area are admissible evidence on this issue. Crimes against both persons and property may establish foreseeability. Property crimes very often are stepping stones to crimes against persons; someone burglarizing a car who is surprised in the middle of the act by the car's owner may assault the owner.

Statutes passed by the Legislature or ordinances enacted by city or county commissions may affect liability. For instance, a landlord has a statutory duty to maintain premises in good repair, and may be liable for not fulfilling that duty. Violations of building codes may be evidence of negligence. If a convenience store does not comply with the requirements of Florida's Convenience Business Security Act, its noncompliance may be considered evidence of negligence.
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Expert testimony will be utilized to show deficiencies in the design of premises, inadequacy of lighting, and insufficiencies in maintenance procedures. In slip and fall cases, expert testimony will be required on the coefficient of friction. The coefficient of friction measures how slippery a floor is. Factors that affect the coefficient of friction include abrasive strips designed to prevent slipping, substances on the floor, speed of walking, slope of the floor, and the type of shoe and sole.

The following scenario, derived from a case handled by this firm, illustrates the use of experts in a negligent security case. The client was shot in the parking lot of a convenience store that was part of a small strip shopping center. A lighting expert found during his investigation that the parking lot was inadequately illuminated according to standards established by lighting engineers for a location of that type. Moreover, the shopping center itself was poorly illuminated. This evidence assisted our firm in successfully receiving compensation for the injured and violated victim.
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The evidence that will be collected to build the case includes photographs of the scene, measurements, statements of eyewitnesses, safety manuals and training materials, and depositions of corporate employees. If able to do so, the client should obtain photographs of the scene where the accident occurred and names and addresses of eyewitnesses, as soon as possible after the accident.

For example, in a grocery store slip and fall case, the attorney will inquire as to what type of flooring was installed in the store, what cleaning products were used on the floor, what the cleaning schedule for the floor was, how spills were reported, what the expected response time was for spills, whether an independent contractor or store employees cleaned the floor, what the terms of any cleaning contract were, among numerous other questions. As stated above, the attorney will also gather photographs of the scene, statements of eyewitnesses, and safety and training manuals, and depose witnesses.

In an inadequate security case, the attorney will obtain crime grids, showing criminal activity within a certain radius of the site of the crime injuring her client, and police reports of those crimes.
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There may be multiple defendants in the lawsuit. If the business rents space from a landlord, depending on the terms of the lease, the owner of the building, the tenant, or both may share responsibility for the injuries. Also, independent contractors hired by the possessor of the premises are potential defendants. For instance, in a case involving a slip and fall in a supermarket, a cleaning service hired by the supermarket may be a defendant. In a negligent security case, a security firm hired to provide protection to the premises may be liable. A public utility may be liable when it fails to trim trees near power lines, resulting in electrocution. A governmental entity may be liable for failure to maintain a sidewalk in a safe condition, or failure to keep traffic signs or signals visible and operational.

In negligent security cases, the courts have recently ruled that one party who cannot be sued is the criminal attacker. Because the landowner had a duty to protect the injured person from foreseeable harm by potential criminal assailants on its premises, the landowner or possessor cannot shift liability to those assailants.
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Many complex factors are involved in successfully litigating a premises liability or negligent security case. If you believe you may have one of these types of claims, you should consult a qualified attorney who can discuss your case in detail. The foregoing was merely a general overview of this area of the law, and not an exhaustive review of the law. The information provided should not be treated as a legal opinion or relied upon in lieu of consulting an attorney.
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****The foregoing is not intended as an exhaustive review of premises liability law in Florida. This information is not to be regarded as legal opinion applicable to all circumstances. Each factual scenario is different and requires unique and individual advice. The information provided herein should not be relied upon and any person with inquiry or concern should consult an attorney.

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