Constructive knowledge is a legal principle that could come into play through your premise liability claim. This phrase means that a business owner should have known that that a loose staircase, spilled liquid, or any other hazard was a danger to others, and used reasonable care to remedy it before an injured occurred.
The knowledgeable premises liability attorneys at Werner, Hoffman, Greig & Garcia delve into this confusing topic to give you a better understanding of negligence and due diligence as it related to a personal injury claim.
Why Is Constructive Knowledge Important in a Premise Liability Claim?
Constructive knowledge is crucial in a premises liability claim because it establishes that the property owner is liable for a dangerous condition, even if they claim they did not know about it. This principle is a key factor in proving negligence, because the owner should have noticed and remedied the hazard through the practice of ordinary care, specifically if it was obvious or it was an issue for a long period of time. Without constructive knowledge, the property owner generally cannot be held liable for an injured party’s damages.
What Are Florida’s Premise Liability Legal Requirements?
To win a premise liability claim in the state of Florida, plaintiffs and their attorneys must be able to prove that the owner had direct or constructive knowledge of the hazard that led to the injury. Under statute § 768.0755, a “transitory foreign substance” is an object or liquid that is somewhere it does not belong. These substances could be a leaking cooler, a spilled beverage, or broken glass that causes a slip and fall injury, among countless examples.
What Types of Compensation Can I Receive?
Proving that a property owner should have had constructive knowledge of a hazard could lead to a financial payout for your injuries. Victims in a premise liability claim are entitled to sue for both direct financial losses as well as intangible damages, such as medical bills, lost wages, and emotional distress. In rare cases, a plaintiff may also have the right to ask for punitive damages, if an attorney can show the owner’s actions were reckless, intentional, or malicious.
Consult With a Werner, Hoffman, Greig & Garcia Attorney About How Constructive Knowledge Applies to Your Premises Liability Case
After an injury on someone’s property, you want justice and we are here to guide you. Our law firm is more than merely a group of qualified personal injury attorneys. We are a community of compassionate legal professionals that have your best interests at heart. Reach out to our firm today to learn more about our insights, winning legal strategies, and deep knowledge of Florida’s laws.
After all, you deserve the best legal representation to take your premise liability claim to court, if necessary. There is no need to delay. We work on a contingency fee basis, because we want you to be represented without worry over your financial capabilities. .
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog.
