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Many people are aware that if someone slips and falls while on the property of another, the injured party can attempt to sue the property owner or manager. This area of law is referred to as premises liability.
However, what many people do not realize is that under Florida law, the status of the person visiting the property makes a huge difference as to the standard of care owed to that individual, and therefore the likely outcome of a lawsuit.
Property owners may be held to a high standard for certain categories of visitors yet have virtually no duty to protect others from harm. Therefore, if you have been involved in a situation in which the owner of premises might be held liable for injuries sustained on the property, it is crucial to speak with an experienced Stuart injury attorney familiar with this area of law.
A Stuart premises liability lawyer from Kogan & DiSalvo will understand the laws as they apply to the facts of your situation, and can provide advice as to the best course of action.
In a case involving premises liability, one of the most important factual determinations a court will need to make involves the status of the injured party. Generally, visitors on the property of another are found to fit in one of the following categories:
Property owners are expected to provide a high level of care and concern for the well-being of public invitees, and a lesser degree to others, with hardly any concern owed to those found to be trespassing on the property.
Therefore, it is essential to adequately evaluate the facts of a situation as they are likely to be viewed by the court.
A public invitee is an individual who has been encouraged to enter public property to use it for the purpose for which it has been made publicly available. For example, those visiting a patient in a hospital could be considered public invitees because they do not have business related to the business of the property, but they are welcome as members of the public.
The most common category of visitor in premises liability lawsuits is a business invitee. A business invitee is an individual invited to be on the property for a reason connected with the business of the owner. For example, a patron enjoying attractions at an amusement park or a shopper buying products at a grocery store would be considered business invitees.
A licensee by invitation would be a social guest, such as a family member or neighbor invited to a party. By contrast, an uninvited licensee is an individual who elects to enter the property for convenience and has not been invited. A door-to-door salesman would fit in this category.
The final category is a trespasser, that is, someone with no right to be on the property.
Property owners or those otherwise in control of property owe the highest duty of care to public and business invitees. Invitees must be warned about any dangerous conditions which the property owner is either aware of or should be aware of and which the visitor would not ordinarily know about. Moreover, property owners must maintain reasonably safe conditions on the premises.
This requirement has been interpreted to mean that property owners must provide protection against foreseeable crimes that may be committed by others. For invited licensees, property owners are required to maintain reasonably safe conditions and warn of known dangers on the property.
For uninvited licensees and trespassers, however, the property owner is generally only required to refrain from willful or wanton injury, such as setting up traps. However, if the uninvited party is a child, the property owner is held to a higher standard and must provide protection from dangerous conditions which might appeal to a child, such as a swimming pool or old equipment. These are examples of “attractive nuisances.”
The laws regarding premises liability in Florida are so specialized, it is important for anyone involved in a situation where an individual is injured by a dangerous condition on the property of another to seek counsel from a premises liability attorney with experience in this area of law.
A Stuart premises liability lawyer will know how to present the facts in the best possible light to work toward a full recovery.
Total reviews: 1204 |
Average rating: 4.9
kathleen guch
Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹
mirian godinez
Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
Alan9095 Jones
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Juan
I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
Dawn M.
Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
Titus Travis
Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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