When you visit property owned by someone else, whether it is a home or business, you have the right to feel safe. That right is codified in Florida law. Property owners and landlords have different duties depending on the type of visitors they receive, and everyone, except adult trespassers, benefits.
When owners and managers do not fix hazardous conditions on their property or do not warn visitors of dangers they know or should know about, people can get hurt. Fortunately, if you have found yourself in a situation like this, you have recourse. An Inverness premises liability lawyer could review your circumstances and advise you on the best course of action. Reach out to our skilled team of personal injury attorneys today to get started.
Premises Liability Claims in Florida
Premises liability claims are based on the negligence of landowners and landlords, who breach their duty to ensure their properties are safe for visitors. Because of their actions or inactions, someone is injured. Common unsafe conditions include:
- Spills that cause slick spots on floors
- Carpeting that is not tacked down properly
- Buildings with broken handrails, leaky plumbing, or unlit corridors
- Parking lots in areas known for criminal activity that are not properly illuminated or do not have other adequate security measures
- Attractive nuisances to children
- Homeowners who allow dangerous dogs to roam the property
A knowledgeable premises liability attorney in Inverness understands the nuances of the law and can advise an injured party who may be held responsible for their losses.
Do Landowners Owe Trespassers Any Consideration?
Owners are not obliged to protect adult trespassers but cannot purposely harm them for being on the land. However, under the attractive nuisance doctrine, landowners must protect children who inadvertently trespass on their property. This law acknowledges that children are drawn to unusual or fun settings or items, such as trampolines, backyard swimming pools, or junkyards. Florida Statute § 823.08 also lists abandoned washers, dryers, refrigerators, and iceboxes as attractive nuisances.
If a trespassing child is injured, property owners can be held liable if they knew or had reason to know that the enticement was dangerous and a child would likely be drawn to it. A qualified Inverness premises liability attorney could also establish that the property owner’s burden to remove the enticement was less than the risk it posed to children.
Invitees and Licensees are Protected
In addition to trespassers, the other two classes of visitors are invitees and licensees. Invitees are on someone else’s property to conduct business with the owner, who benefits from the exchange. Owners owe invitees the highest duty to protect them from injury against dangers they know or should know about. Examples of invitees include mall and grocery store shoppers and restaurant patrons.
Licensees are social visitors. Property owners are only required to warn licenses about known dangers. Warnings can be through signage or blocking off dangerous areas. An Inverness premises liability attorney could help injured individuals determine their visitor status and investigate whether the appropriate duty of care was upheld.
Let an Inverness Premises Liability Attorney Seek Justice on Your Behalf
Whether you are visiting friends in their homes or making a trip to the grocery store, you probably do not expect to come away injured. In most instances, if a danger exists, owners are obligated to warn you or remedy the problem, and if they do not, you may be entitled to compensation for the harm their inattention causes.
Our team fights daily to get injured parties like you the money they need to be whole again. Our mission is to get you the most compensation available, whether we negotiate with insurance companies or take your case to a jury. Call now to schedule a consultation with an Inverness premises liability lawyer.