In Florida, the burden of proof rests on an injury victim to establish, using admissible evidence, each fact essential to establish a cause of action against a wrongdoer.
For example, in a premises liability lawsuit, a plaintiff has the job of proving, that the defendant was negligent. Specifically, the burden of proof is on the plaintiff to establish that: (1) the defendant had a duty to protect the plaintiff; (2) the defendant breached that duty; and (3) the defendant’s breach was the proximate cause of the plaintiff’s injuries and resulting damages. In meeting the burden of proving negligence, the plaintiff may present direct evidence of negligence, such as that a property owner caused the dangerous condition.
A few of the most common issues relating to proof in Florida negligence lawsuits, include authenticating evidence, admitting evidence, spoliation of evidence (lost or destroyed evidence) and the best evidence rule.
A good piece of advice if you have been injured in a car accident or slip and fall, is to speak with an experienced personal injury lawyer to learn about your rights, including your evidence burden for pursuing a claim. The sooner you act the better, because there are time limits in Florida to file a lawsuit (statute of limitations).
|Documentary Evidence in Florida Personal Injury Cases
In Florida, admissible evidence is at the foundation of proving any personal injury claim; therefore you need to know what evidence you can use to prove negligence, like video surveillance and written reports by first responders.
|Getting Evidence from Third Party Sources: Proving Your Florida Accident Claim
Before meeting with a personal injury lawyer, you should gather and organize the documentation needed to prosecute your case, like your medical records and witness information.
|Florida Hotel Slip and Falls: What is the Victim’s Evidence Burden When Falling at Hotel?
Under Florida Statute 768.0755 if you’ve been injured, you will need to prove that the establishment was aware and didn’t take actions to make repairs.
|What are the Evidence Requirements to Prove Your Slip and Fall Injury Claim Against The Grocery Store or Supermarket?
If you’ve been injured in a fall at a Florida supermarket, you must prove that the grocery store owner either actually knew or should have known about the situation which caused your injury.
|Why Does It Matter If Someone Wasn’t Acting Reasonably At The Time Of An Accident?
In the state of Florida, a negligent wrongdoer can be held to compensate an accident victim for damages and an element of negligence is reasonableness.
|Proving Your Florida Parking Lot Slip, Trip and Fall Claim
Read about the many common causes of parking lot slip and fall and trip and fall accidents, including those caused by poor lighting, wheel stops and speed bumps.