When someone is injured on another person’s property in Florida—whether at a store, hotel, or private residence—the path to compensation depends heavily on what kind of evidence is gathered. Premises liability claims hinge on proving negligence, and unlike criminal cases, the burden falls on the injured party to show how the property owner failed to act reasonably.

To build a strong claim, the right evidence must be preserved early. Memories fade, surveillance footage gets erased, and property conditions can quickly change. The more comprehensive the documentation, the better the chances of proving the case and securing fair compensation.

Understanding the Role of Evidence in Florida Premises Liability Cases

Under Florida law, property owners are expected to maintain reasonably safe conditions for visitors, customers, and tenants. This includes fixing known hazards and warning people about potential dangers. However, not all injuries automatically translate into successful lawsuits. Evidence must establish:

• The existence of a hazardous condition
• The property owner’s actual or constructive knowledge of it
• The failure to remedy or warn about the hazard
• The direct connection between the hazard and the injury

Even a clear injury can result in a denied claim without sufficient proof of negligence. That’s why gathering evidence at every stage—immediately after the incident, during medical treatment, and throughout the investigation—is essential.

Photographs and Video of the Scene

Photographic evidence can be one of the most persuasive tools in a premises liability case. Pictures capture the condition of the property at the time of the incident, which is often key to showing how dangerous it was.

Recommended visual evidence includes:

• Wide shots and close-ups of the hazard (wet floor, uneven pavement, broken railing)
• Surrounding areas to show poor lighting, lack of warning signs, or improper maintenance
• Weather conditions, if relevant (rain, ice, etc.)
• Damaged clothing, spilled substances, or blood at the scene
• Surveillance video, if available, showing the accident or what led up to it

In many cases, businesses have security cameras that record the premises. However, they often overwrite footage within days—sometimes sooner—so acting quickly to request a copy is critical.

Incident Reports

If the injury occurred at a commercial property like a supermarket or restaurant, an employee might fill out an incident report. While these reports are created for internal purposes, they can still support a claim.

An incident report might include:

• A description of what happened
• Time and date of the injury
• Names of any employees or managers on duty
• Witness accounts
• The property owner’s initial response

In Florida, the injured party has the right to request a copy of this report. It can help identify key facts and uncover discrepancies if the business later denies liability.

Medical Documentation

Medical records serve a dual purpose: they confirm the injury and connect it to the incident. Without timely medical care, insurers may argue that the injury was exaggerated or unrelated.

Important medical documentation includes:

• Emergency room and hospital records
• Doctor’s notes and diagnoses
• Imaging results (X-rays, MRIs, etc.)
• Treatment plans and prescriptions
• Physical therapy reports
• Medical bills and cost summaries

Consistency between the accident report and the medical records can significantly strengthen a claim. For example, if a person slips in a grocery store and suffers a fractured hip, their hospital intake notes should mention the fall as the cause of injury.

Eyewitness Statements

Eyewitnesses can offer a third-party perspective that confirms the injured person’s version of events. Their testimonies may address what happened before, during, or after the incident—such as whether an employee ignored a spill, or if other people also noticed the hazard.

To gather strong witness testimony:

• Collect names and contact information at the scene
• Ask witnesses to write down what they saw while it’s fresh
• Consider asking for a short video or voice memo if written statements aren’t feasible

Even informal statements can later be submitted as affidavits or used to support formal deposition testimony during litigation.

Proof of Prior Complaints or Hazards

Demonstrating that the property owner knew—or should have known—about the danger is a central challenge. Evidence of previous complaints, repairs, or similar accidents can establish a pattern of negligence.

This can include:

• Maintenance logs
• Work orders or repair invoices
• Email or written complaints from tenants, customers, or employees
• Safety inspection reports

In some cases, attorneys may use subpoenas to uncover this information if it’s not voluntarily provided. For example, if someone was injured in a Florida apartment complex stairwell, and others had previously reported broken steps, that evidence could be key.

Loss Documentation and Impact Statements

Beyond proving how the injury occurred, a strong claim must show how it affected the victim’s life. This goes beyond medical treatment and addresses long-term consequences like pain, missed work, or reduced quality of life.

Examples include:

• Pay stubs and employer letters verifying time off work
• Journal entries describing physical limitations or emotional effects
• Testimony from family members or caregivers
• Receipts for out-of-pocket costs such as transportation or home care assistance

Personal narratives, supported by financial records, can provide a complete picture of how the injury disrupted the person’s daily life.

Expert Analysis (When Applicable)

In some premises liability cases—especially those involving complex building codes or maintenance protocols—expert input may be required. Florida courts often rely on expert testimony to explain what a reasonable property owner should have done under similar circumstances.

Common expert contributors include:

• Safety engineers
• Architects
• Medical professionals
• Property maintenance specialists

Experts can examine evidence, review property records, and testify about industry standards. Their input helps bridge the gap between what happened and what should have happened.

Conclusion

Successfully pursuing a Florida premises liability claim requires more than proving an injury occurred. The strength of a claim lies in the details—the photographs, reports, witness accounts, and records that tell the full story of how the property owner failed in their duty of care.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.