Premises liability is an area of tort law. It refers to the responsibility of property owners and possessors to maintain their property to ensure it is reasonably safe for those they invite to enter. A civil court may hold them legally and financially accountable when they fail to uphold their duties and someone suffers injuries and losses because of unsafe conditions.
You could be eligible for monetary damages if someone else’s recklessness caused an avoidable accident. A Lake County private property liability lawyer could evaluate the facts of your case, determine whether the property owner breached their legal duty, and help you pursue compensation for your medical expenses, lost income, and other related losses.
Contact our dedicated premises liability attorneys today for a free consultation.
Establishing Liability
Some examples of the typical causes of premises liability accidents include uneven flooring—causing tripping, slipping, and falling—swimming pool injuries, dog bites and attacks, and faulty wiring, leading to electric shock or burns.
Establishing liability involves preparing a claim that shows the civil court that the defendant’s negligence caused harm to the individual and resulted in damages. Fault components include proof of visitor status, duty of care, and foreseeability.
Visitor Status
Determining the injured person’s visitor status at the time of the accident is a crucial step in establishing liability. Invitees are in the first group, including people who enter for business purposes that benefit both parties. The possessor owes them the highest duty of care to ensure that there are no known hazards that put them at risk.
The second group of visitors comprises licensees, who enter for personal or social reasons, such as attending a gathering. The person responsible for the maintenance must warn them of potential dangers until any necessary repairs are made. The final group is trespassers who enter unlawfully. In this instance, the landowner has no responsibility to ensure their safety or warn of potential risks.
Duty of Care
Proving liability requires showing that the owner owed a duty of care, failed to meet the requirement, or breached their legal responsibilities leading up to the accident. It must also show that the individual seeking payment sustained damages.
That means the injured party suffered verifiable injuries and monetary damages due to the negligence. A case with evidence of visitor status, the hazardous condition, and hospital bills would satisfy each key element.
Foreseeability
Foreseeability in personal injury claims means showing that a reasonable person in the same or a similar situation would have anticipated that the risk could cause others harm. It is an essential component in establishing the proximate cause, which links the owner’s actions to the accident and injuries. During a consultation, a knowledgeable Lake County private property liability attorney could answer specific questions and provide experience and guidance throughout the process.
Notice of the Dangerous Condition
State premises liability statutes require a Notice of the Dangerous Condition related to foreseeability. Under Florida Statute § 768.0755, when the possessor is aware of a defect on their property, they must warn visitors. Therefore, the claim for damages must show that they knew or should have known of the condition through prudent care.
An example is gathering proof to show that the property condition existed for enough time to meet the foreseeability requirement. A private property liability lawyer in Lake County could review the case to ensure all the necessary elements needed to prove liability are present and guide the plaintiff through each step to pursue a fair outcome.
Contact a Lake County Attorney Experienced in Private Property Liability
Personal injury statutes, such as premises liability, aim to protect people from damages and losses resulting from someone else’s careless actions. The process necessary to obtain all the crucial evidence, conduct an analysis, and prove liability to the court is complex, and many find it overwhelming without the help of a legal professional.
A hardworking and compassionate Lake County private property liability lawyer could help you every step of the way. Contact us today to learn more and schedule a free consultation.
