Premises Liability Claims
What is Premises Liability?
Premises liability is an area of the law that affects every property owner. Florida law holds property owners responsible for keeping their premises safe for visitors, so when someone is injured, the property owner may be required to pay compensation to the victim. A premises liability attorney can help victims who have been injured on someone else’s property understand their rights. If you have been injured or assaulted due to negligence of a property owner, contact a premises liability attorney at David & Philpot today for a free, no obligation review of your case.
What Are The Property Owner’s Responsibilities?
Anyone who owns property, whether it is private property such as a home or a business that is opened to the public, has a duty of care to ensure that visitors to the property are not injured. This means that any negligence, from having an uncleaned, slippery floor that leads to a fall up to lax security that leads to a criminal assault, could be grounds for a premises liability lawsuit.
Property owners are required to use reasonable care in keeping their premises safe.
This does not mean that every person who is injured on a property has an automatic claim against the owner. However, it does mean that property owners must exercise caution in preventing visitor injuries.
Visitors have a right to a reasonable expectation of safety while on someone else’s property. Florida law requires property owners to keep their premises safe and to warn visitors of any hidden dangers. They must also identify dangerous conditions on the property, take reasonable measures to address the danger and protect visitors by keeping them out of hazardous areas.
While almost any injury could be the subject of a property liability claim, the most common causes of these lawsuits are falls and criminal assaults.
Three Categories of Visitors
Florida law recognizes three categories of visitors to any property. Each class of visitor is treated differently in establishing their rights to be free of harm when on another’s property, although all are protected by law.
Invitees. Most visitors to a property are considered invitees. This is someone who has been granted permission, either implicitly or explicitly, to be on someone’s property. Examples include invited guests to a home, patrons at a store during open hours, and contractors working on a premises.
Licensees. The next class of visitors, licensees, are not expressly invited onto the property but have a legal right to be there. If someone visits a property to solicit donations for a charity, for example, that person would be permitted on the property even though not specifically invited.
Trespassers. Even trespassers have certain rights in regard to property liability. While trespassers are not supposed to be on private property, the owner nevertheless is not permitted to set traps or intentionally create or allow a dangerous situation that could harm the trespasser.
Common Causes and Injuries in Premises Liability Cases
There are hundreds of types of property liability injuries and just as many causes of these injuries.
Common causes of injury include;
- Improper maintenance that leads to broken walkways or uneven ground
- Lack of preventative maintenance that leads to dangerous conditions in a building
- Missing railings on steps or elevated platforms
- Slippery floors caused by spills or leaks
- Inadequate lighting, particularly along walkways or in corridors
- Dangerous stairways
- Floor mats or carpet that are improperly secured
Examples of Premises Liability Cases
- Slip and fall cases
- Swimming pool accidents
- Swimming Pool Diving Accidents
- Defective stairways
- Inadequate lighting
- Floor or building collapse
- Elevator and escalator accidents
- Dog bites
- Sexual assault & Rape
Negligent Security Claims
Inadequate building security can lead to a criminal assault in a private residence or a business. Whenever a criminal assault occurs it is important to evaluate whether the assault could have been prevented by providing adequate security. Property owners have a duty of care to prevent foreseeable injuries and this can include providing adequate measures of protection for their guests.
The failure to provide adequate safety measures may have prevented someone’s injury or death. In order to determine whether you or a loved one is are entitled to money damages for a premises liability claim contact one of our attorneys for a free consultation.
What Can I Expect From A Premises Liability Claim?
A premises liability attorney will evaluate any injury claim and discuss possible options for recovering compensation. With the help of a premises liability attorney, victims can better understand their rights and how they may be able to recover payment for medical bills, pain and suffering and other costs. Call 800.360.7015 or fill out our free case evaluation form today. We are here to help!