Premises Liability Attorney

"Premises liability" refers to the liability of a property owner or property manager for negligence which causes injury to a consumer. The law holds property owners, as well as property managers or tenants, legally responsible for accidents and injuries that occur on that property if negligence, or fault, can be proven.

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Premises liability cases range from slip and fall to injury caused by property defects, to defective condition inside or outside the property, or negligent security (resulting in a customer becoming a crime victim).

Whether liability exists often involves several issues that must be examined.

Was the Visitor an Invitee, Licensee, or Trespasser?

In Florida, the visitor’s status while on the unsafe property at issue sometimes has significant weight as to whether or not liability for personal injury exists as to the owner, manager, or lessee.

It is worth reviewing what they mean in a nutshell:

• Is the consumer an “invitee?”
• • A person is an invitee if he or she is invited onto the property of another.
  • A common example is a customer – a member of the general public – in a retail store.  This invitation, in the case of the store the invitation to shop, often suggests that the property owner, manager, or tenant has taken reasonable precautions for the safety of the property.
• Is the consumer a “licensee?”
• • A person who enters property for his own purpose, or as a social guest, and is present at the consent of the owner, is known as a licensee.
  • Under some circumstances, Florida courts hold a licensee to a higher standard of proof, as the property owner does not impliedly promise a safe property to him or her.
• Is the consumer a “trespasser?”
• • A person who enters or is on the property without any right to do so is known as a trespasser.
  • In Florida, whether a property owner is liable for premises liability injury depends on whether the owner has used reasonable care has been made to make the property safe. A trespasser does not often qualify for this reasonable care.
  • In most cases, trespassers cannot win their case against the property owner, except where the “trespasser” is a child.

Does the premises liability claim involve a store, a neighbor’s home, or a known dangerous location? The type of property and the owner’s activities there are important liability issues in most premises liability lawsuits.

For example, where a consumer is injured in a store and there is a liquid on the floor for an extended period of time, versus an instance where a consumer is injured while walking through a scrap yard and steps into a small hole on the ground, may present two vastly different premises liability scenarios.

What were the property owner’s obligations to the consumer in those instances? Usually fault depends on whether the premises owner acted reasonably under the circumstances.

• Did the owner inspect the property to identify hazards?
• Did the owner repair these dangerous conditions or post warnings to alert consumers on the property?

An owner may be found liable for a property defect if he or she has knowledge of a dangerous condition, fails to take reasonable steps to fix that condition (or warn visitors), and a visitor suffers injuries as a result.

Premises Liability Lawyers

Serious personal injury which results from unsafe property conditions may constitute a valid premises liability claim. In almost every premises liability lawsuit, legal questions regarding property owner liability arise, and an experienced personal injury attorney is often able to help you navigate the road justice.

If you or your loved serious and permanent personal injury, or wrongful death caused by a slip and fall, negligent security, or other premises liability, then contact our premises liability attorneys.

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We provide aggressive, prompt, and ethical advocacy on behalf of individuals and families who have suffered serious personal injury, accident injury, and wrongful death. Contact us today.