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Private property is land that is not owned by the government. In the context of premises liability, the law treats private property differently than commercially owned property as the owners of commercial property have a greater duty to inspect the property. If you have been injured on privately owned land, you should speak with Boca Raton private property premises liability lawyers as soon as possible. The dedicated premises liability attorneys at Kogan & DiSalvo can review your case and help you navigate through the complex legal process.
Visitor Categories on Private Property
Invited guests are typically known as licensees. People in this category may include friends, family members, and others who enter a property for social purposes. They also can include those who show up uninvited, like a neighbor or other friend stopping by unexpectedly. Property owners owe the second-highest standard of care to licensees and must maintain the property in a reasonably safe manner and repair any unsafe conditions. These duties include an obligation to warn licensees of known dangers on the property.
Property owners owe the highest level of care to business invitees. These individuals enter a property for business purposes, and may also have been invited. In the context of private property, repairmen and other workers invited by a proprietor into a home to do work are also generally considered business invitees. For business invitees, property owners must keep the property in a safe condition and must either repair or provide notice of any known dangers on the premises. As part of these duties, the property owner must regularly inspect the property for any dangerous conditions such as water spills in store aisles or fallen merchandise blocking an entryway.
Due to this duty to inspect, property owners may be found liable for injuries that occur as a result of dangers they should know about. When someone hires Boca Raton private property premises liability attorneys, they can review an injured victim’s case to identify which category they fall into and how this could impact their case.
Trespassers on Private Property
Although trespassers do not have permission to be on a property, landowners still owe them a limited duty to prevent intentional or reckless injury. Once a proprietor discovers a trespasser on their property, the property owner owes a duty to warn them of any known dangers that the trespasser could not detect with ordinary observation.
Determining Liability in Private Property Injury Cases
The lease typically governs who is responsible for what part of private property. The type of property can affect who the liable party and the duty of that such party. For example, if someone hurt themselves at a private home, the responsible party would likely be the homeowner. If the injured party slipped at an apartment complex, the location of where they fell is critical when determining liability. Specifically, if someone fell inside of an apartment unit, either the owner or the tenant may be liable. On the other hand, if someone visits an apartment and falls in the hallway or the lobby, the actual building owner and property manager may be the responsible party.
If a house or apartment is rented, that is also another critical factor as the lease between the parties may likely dictate who has exclusive control over the area where the person fell. There may be an indemnity provision within an agreement wherein the tenant may be forced to hold the property owner harmless for all incidents that occur in a certain area and have a duty to defend and indemnify them for any causes of action against them. It may be prudent to assert a claim against both parties, but this information may be critical in evaluating the case.
Other elements that may determine the liability in a case is the analysis of what the injured party was doing at the premises at the time of the accident and the reason for an injured victim’s visit. The experienced attorneys at Kogan & DiSalvo could look at an injured victim’s case to identify who may be held responsible for their injuries depending on the specifics of their situation.
What is Comparative Negligence?
The plaintiff’s actions could have a significant effect on the case. The type of footwear they were wearing at the time of the incident, whether they were on the telephone when they fell, or if they were paying attention while they were walking can all impact liability. These factors can affect their percentage of fault, which can ultimately limit a verdict. If a jury finds that the plaintiff was partially responsible for their accident, the jury could reduce the total verdict by the percentage of negligence. Even if the injured party was 90 percent at fault, they could recover the 10 percent of the verdict.
Also, the reason that the visitor is on the property is a critical factor in determining the duty that the property owner owed to the injured party. Private property liability lawyers in Boca Raton can examine a plaintiff’s claim to determine if they may be found partially at fault for their accident and how this could impact their compensation.
Contact a Boca Raton Private Property Premises Liability Attorney
Many complexities come with premises liability lawsuits. The attorneys at Kogan & DiSalvo have the knowledge and experience to handle these challenges and fight for fair compensation for their clients. If you have been injured on private property, contact Boca Raton private property premises liability lawyers for a consultation on your case.
