Delray Beach’s home and property owners, and even individuals who do not own property but control it, have a legal obligation to keep their premises safe so others who go lawfully onto the property will not be harmed.
Anyone who sustains an injury on someone else’s property should call a Delray Beach premises liability lawyer for a no obligation consultation to evaluate the incident and determine if a lawsuit can prevail.
Experienced liability lawyers in Delray Beach are going to be well-versed in this area of law and can work hard on your case.
Florida’s premises liability law requires that property owners or controllers who know about a hazard and do not correct it or warn others who come onto the property about the hazard, will be held financially responsible for any injury or death that occurs.
However, if the property owner or controller did not know about the hazard or had no reason to know the hazard existed and therefore could not foresee anyone being hurt, then the property owner or controller is not liable for the harm caused.
To have a legal right to claim compensation, the injured party must have had permission to be on the property. Permission under Florida law has three general classifications – invited guests, visitors, and trespassers. More specifically:
Anyone who is injured while on someone else’s property must prove:
The property owner or controller does not have a legal responsibility to keep a trespasser from harm while on the property. Trespassing on someone’s property is unlawful.
Another exception is school children who cut across property en route to and from school, who are called “known trespassers.” But if the property owner or controller knows the children use the property for a shortcut then liability does exist if any harm happens.
Some types of property, such as construction sites and homes with water features and/or swimming pools, are known to attract children. The attraction can also cause harm, such as falling in a hole or a construction site. In conditions where both attraction and threat exist, the property owner or controller is liable for any harm that results.
A Delray Beach premises liability lawyer will first send a letter to the offending party demanding damages. If that is not successful, the attorney will develop evidence to prove that the property owner or controller had liability and prepare for a lawsuit.
Many civil cases are settled between the parties and in that situation, the attorney will aggressively negotiate a fair settlement.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.