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Florida property owners and residents need to be familiar with the state’s premises liability law. Those involved in an incident will need a competent attorney to pursue compensation. A Broward County premises liability lawyer will have succeeded in achieving damages in cases before and can fight for you. Work with an adept personal injury attorney and know that you are in good hands.
Premises Liability and a Duty to Warn
Property owners have responsibility for injuries in certain circumstances to someone who was injured on the premises. If the property owner knew of an unsafe condition, but did not correct it or warn others about it, the property owner is liable.
However, should the property owner not know about a hazardous condition, the owner had no way of knowing someone could be hurt and is not liable for an injury. This is called constructive knowledge, which means awareness of a fact.
Attractive Nuisance
Florida law recognizes that children are curious, and are drawn to interesting things that are, or can be, dangerous and requires property owners to take adequate measures to keep children from accessing the potential hazard. For example, a bulldozer that is left on a construction site unattended allows children to explore it, which can lead to injuries.
Elements to Prove When Pursuing Damages
The law has four elements that the injured party and their Broward County premises liability lawyer must prove to achieve damages.
First, that the property owner knew the bulldozer was on the property unattended and therein caused the potentially hazardous condition to exist. Second, that the property owner is responsible for placing the bulldozer on the property and kept it there. Third, the property owner knew or should have known that heavy construction equipment would attract children and, fourth, that the bulldozer could foreseeably harm children.
Legal Classifications of Visitors
Property owners are generally, but not always liable for those injured on the property, depending upon why the person was on the property. Premises liability has two classifications of people and establishes a right to sue – invited guests (called licensees in legal terminology) and trespassers.
People who are in stores and other properties open to the public are public invitees. Workers performing tasks on properties are business invitees. Guests invited to properties for socialization are invited licensees.
People on the property without invitation and for their own reasons, such as door-to-door canvassers, are uninvited licensees. People who are on the property without the owner’s permission and for their own purposes are trespassers. No matter a person’s classification, a Broward County premises liability lawyer can evaluate the individual’s case, and inform them of their available legal options.
Recovering Damages
The property owner must have authorized the people who are injured while on the property to have been there. This authorization gives the property owner the legal obligation to provide a safe environment, and the injured party a right to sue for damages. A qualified Broward County premises liability lawyer can help individuals in their pursuit of damages.
The property owner does not owe any legal protection to trespassers who are hurt while on the property. Known trespassers, such as children cutting across a property, are potentially an exception. If the property owner knows that children come onto the property regularly, the property owner can be held liable for injuries they sustain.
Speaking With a Broward County Premises Liability Attorney
A Broward County premises liability lawyer can offer a free consultation to evaluate the circumstances of the injury to determine if a valid case exists, without any obligation to hire the attorney. If the attorney is hired, attorney fees are paid only from the damages the lawyer attains.
If you were injured as the result of someone else’s negligence on their property, consult a premises liability attorney to get the compensation you deserve.
