Under Florida law, business and property owners must take steps to ensure that their land is free of dangers and safe for visitors. Typically, if a person sustains injuries because of a dangerous condition on another’s property, they can file a Florida premises liability lawsuit to recover for their injuries. In addition to establishing that the defendant violated a legal duty of care that was owed to the plaintiff, Florida injury victims must also prove that the defendant’s negligence was the actual or proximate cause of their injuries. Issues can arise if some independent intervening or superseding event breaks the causal link.
In many Florida personal injury lawsuits, causation is evident. For example, causation may be apparent when a person experiences shoulder pain after a car accident or breaks a leg tripping on a faulty staircase. However, an independent intervening cause is something that occurs after the defendant’s negligent act and contributes to or causes the plaintiff’s injuries. If the act is unforeseeable and causes an injury, the defendant may not be liable for the plaintiff’s damages.
Recently, a state appellate court issued an opinion in a premises liability case in which the defendant claimed, amongst other issues, that the plaintiff’s injuries were not foreseeable. In that case, a truck driver parked his car in a rented space and fell asleep while awaiting a shipment. The driver awoke when he heard someone trying to break into the truck with a pry bar. When the truck driver stuck his head out of the window to see the culprit, the man drove the truck away with the driver hanging out of the cab. The truck driver’s head hit a trailer, and he was thrown out of the truck and run over numerous times.