Florida’s premises liability laws detail the duty that property owners owe to those who come onto their land. When they fail to fulfill that duty and someone suffers an injury on their property, the property owner may be held liable for damages.
The Florida premises liability lawyers at Kogan & DiSalvo could help you determine your rights if you are injured on another person or business’s property. You may have a valid civil case and be eligible to receive monetary compensation for both your physical and financial suffering. Call today to schedule a free consultation with one of our experienced premises liability attorneys.
Classifying Plaintiffs in Premises Liability Cases
A defendant’s civil liability varies depending on how the law classifies the plaintiff. Individuals who are hurt on the property of another party should discuss their cause with our reliable Florida premises liability attorneys to determine their classification and what duties they were owed based upon that classification.
Trespassers who were not invited on the property enjoy little protection under the law; the property owner cannot intentionally try to harm them, but the owner has no obligation to warn or protect them from danger. Similarly, licensees, people who enter a property for their own convenience or pleasure, are not owed any duties by the landowner other than to not wantonly cause them harm.
Invitees, or people who are welcome on the property by invitation, such as customers of a business or guests in a home, have the most protection under the law. Property owners must maintain their property in a safe condition or warn invitees of any dangers that may be present. A slip-and-fall case at a supermarket in which a paying customer is injured is a common example of a premises liability case involving an invitee.
Proving a Premises Liability Claim
Premises liability is slightly different than other types of liability in Florida. With the exception of a slip and fall caused by a foreign substance on the floor, a plaintiff’s attorney must show evidence that the property owner knew or should have known of the danger and that they:
- Failed to repair the danger, or
- Failed to give an adequate warning
- The plaintiff was hurt because of the danger
- The plaintiff was exercising reasonable care for themselves at the time of the accident
Attractive Nuisance Doctrine
The attractive nuisance doctrine states that when an injury victim is a minor, they cannot be classified as a trespasser when certain legal duties are applied. If something on the property is attractive or enticing to a child, such as a swimming pool, hot tub, or playground equipment, the property owner is liable for their injuries. Our Florida premises liability lawyers could help you determine if the attractive nuisance doctrine has a role in your particular case.
How a Florida Premises Liability Attorney Could Help
If you suffer harm due to a dangerous property condition, consider contacting our experienced Florida premises liability lawyers. Laws about premise liability are complex, making it hard for potential plaintiffs to determine if they have a case.
Through a free consultation with an attorney, we can inform you about what steps you should take to preserve your legal rights. Call us today to get your case started.