The legal concept of premises liability is often used in certain personal injury cases if the injury involved was caused by an unsafe or defective condition on someone’s property. Premises liability is a form of negligence, as the property owner has failed to follow the correct protocol to ensure his property is safe.
To win a premises liability case, the injured person is required to prove that their injuries were caused by dangerous conditions in a property and that these conditions were present because the property owner was negligent regarding their ownership and maintenance of the property. The negligence involved in premises liability is the property owner failing to use reasonable care in connection with the property.
It is important to recognize that just because you were injured on someone’s property doesn’t immediately mean that the property owner was negligent or at fault. As well as this, it should be known that the property owner isn’t automatically liable even if the injury occurred because of an unsafe condition in the property. To prove that the property owner was negligent, you need to be able to show that they knew, or should have known, that the premises were in a risky and dangerous condition and failed to take proper steps to fix this.
If you have been injured on someone’s property in Florida and it wasn’t your fault, then you may be entitled to compensation. The Law Place will be able to review your case for free and be able to tell you whether you have grounds to sue for premises liability and offer you all the support and advice you need. Contact us today at (941) 444-4444 to schedule a free consultation with an experienced and established personal injury lawyer.
Duty of Care
In Florida, property owners have a duty of care to ensure their property remains in a safe condition for anyone and everyone who enters, sometimes even for trespassers. Florida law classifies victims in the following three ways, and the duty of care the property owner owes them depends entirely on that classification:
- Invitees – These are people who have the landowner’s permission to enter the property and are often their family or friends. Landowners have the highest duty of care for these people.
- Licensees – This is also someone who has the landowner’s permission to enter the property but is going on the property for their own purposes, such as salesmen.
- Trespassers – These are people who do not have permission to be on the property. Owners owe these people the least amount of reasonable care, but in some cases can still be held liable for a trespasser’s injuries.
Another relationship that comes into play with premises liability claims is the landlord-tenant one as it involves both premises liability law and contract law. The landlord retains legal ownership of the property and is expected to hand over the property to the tenant in a safe condition, but once the contract is in action, the tenant has exclusive possession of the property.
There are only a limited number of situations for which a landlord can be held liable for injuries occurring on their property under Florida law. The first potential basis for landlord liability is if the property was transferred to the tenant in a dangerous condition. The second way they could be held liable is if they fail to repair a defect that the tenant has made them aware of. In this case, the tenant must be able to provide evidence that they notified the landlord of this issue and that it needed repairing. Finally, a landlord could be sued for negligence by non-tenants if a tenant’s dog attacks a visitor.
These rules can get very complicated, as can the entire Florida legal system entirely, and so it’s important that you contact a personal injury lawyer to help guide and support you through your premises liability case. At The Law Place, our attorneys have over 75 years of combined experience working on cases like yours to ensure their clients get the best possible outcome and the maximum amount of financial compensation possible. You deserve justice, and we are ready to fight for you, so call us today for a free consultation.
Types of Premises Liability Cases
There are many different types of negligence that you can file premises liability claims against. Below are some of the most common types of cases:
- Poor maintenance of the premises.
- Insufficient building security.
- Defective conditions on the premises.
- Slip, and fall cases.
- Snow, ice, and other bad weather incidents.
- Water leaks or flooding.
- Dog bites.
- Elevator and escalator accidents.
- Toxic fumes and chemicals.
- Retail store accidents.
- Swimming pool accidents.
- Amusement park accidents.
While these are the most common types of premises liability cases, they are not the only possible ones. If you have been a victim of a premises liability injury, then you could be entitled to compensation. By calling The Law Place and scheduling a free case evaluation today, you will be ensuring that an experienced and knowledgable lawyer looks through your case and gives you the best advice specific to you.
What Is a Liability Attorney?
A liability attorney is a lawyer who will be able to take you every step of the way through your legal journey as you fight for the justice that you deserve.
If you or a loved one have suffered from a premises liability injury, then you should speak to an experienced attorney to give yourself the best chance possible at winning the most financial compensation possible. They will also be able to ensure that you are not taken advantage of and that your legal rights are protected. At The Law Place, our Florida-based lawyers all have the experience necessary to be able to able to fight for your justice after determining whether your claim is valid, and you have grounds to claim compensation in a free consultation. Call us today at (941) 444-4444 to schedule a free case evaluation with a dedicated personal injury attorney.