Every person who visits the property of another should expect that the landowner will take every possible precaution to keep them safe. This includes providing protection against temporary hazards that may cause a slip and fall, but also implementing adequate security measures that deter attackers. Injuries that occur when a landowner fails to provide this protection fall under the umbrella of premises liability law.
People who have suffered injuries in these situations need to act quickly to protect their legal rights. In fact, one of the safest actions includes reaching out to one of our seasoned injury attorneys. A Clermont premises liability lawyer is prepared to explain your rights under the law, fully investigate the accident, evaluate how the event has changed your life, and demand that negligent landowners and insurance companies provide proper compensation.
Examples of Scenarios that Warrant a Premises Liability Claim
Local laws say that property owners have an obligation to protect guests on their land, meaning that these people might face legal liability if a guest gets hurt in their space. This can happen in many different ways, but there are some patterns associated with premises liability claims.
Injuries Due to Accidents
Visitors to a property are most commonly injured by unexpected accidents. Slips and falls due to inadequate lighting or debris on a floor lead to many unnecessary injuries. Additionally, structural hazards like faulty elevators or broken staircases could leave someone severely hurt. These hazards should be identified and fixed rapidly, but many negligent property owners fail to prioritize maintenance.
Incidents Caused by Improper Security
Meanwhile, property owners and businesses have an obligation to offer adequate security and protect guests from violence. For instance, bar and restaurant owners must have properly trained security personnel in place to prevent fights. Gas stations and convenience stores must have proper lighting to deter thieves or attackers. Finally, all building owners must have satisfactory emergency infrastructure to help people evacuate in case of fires. A landowner or business owner who fails to implement these services and safeguards might need to assume responsibility for whatever happens.
Many negligent property owners might try and argue that their space was not hazardous or unsafe, but a tenacious Clermont attorney could counter these tactics, collect evidence, and maintain the strength of their client’s premises liability case.
Visitor Status and Establishing Negligence in a Premises Liability Claim
While it is clear that landowners must take steps to prevent harm from affecting guests, the exact measures that they must implement vary, depending on the visitor’s entitlement to spend time at a property. State law separates visitors into three classes. Depending upon which class the guest fits into, the obligations of property owners change.
Trespassers are people who enter or arrive at a property without the owner’s permission. Property owners are not required to keep trespassers safe, only to avoid willfully harming them.
Meanwhile, licensees are people who come to a property for their own benefit, such as to attend a party. In these situations, a property owner needs to warn a licensee of any known dangers.
Finally, invitees are individuals who come for the property owner’s benefit, such as to spend money at a local business. This group is owed a high duty of care – property or business owners need to keep their space safe, regularly inspect the location for potential dangers, and warn invitees of known hazards.
However, it is important to recognize that state law provides extra protection to property owners who operate stores or shops. According to Florida Statute §768.0755, people who suffer injuries due to temporary hazards in these establishments, such as standing water, must show that the owner had actual or constructive knowledge of the hazard prior to the accident. Proving this could be difficult without evidence, but a skilled lawyer in Clermont could work to incorporate this element into a premises liability claim.
Reach Out to a Clermont Premises Liability Attorney to Get Started
If you were hurt after a property owner failed to maintain a safe environment or warn you about something dangerous, you should not have to navigate legal processes on your own and worry about how to pay your medical bills. Instead, get in touch with a Clermont premises liability lawyer about seeking compensation and holding a business or property owner accountable. Our dedicated team members understand the nuances of these cases and could fight to maximize the impact of your case.