Property owners may invite others onto their premises for personal or business reasons without thinking whether their properties are safe. When a property owner fails to think about the safety of their visitors, a serious accident can occur. When visitors suffer harm, these injured parties may have a viable claim to hold these property owners responsible for the losses they experienced.
With help from our Pompano Beach premises liability lawyers, those hurt while on another person’s property could bring a lawsuit that helps them receive compensation for their injuries and losses. Consulting with the personal injury attorneys at Kogan & DiSalvo as soon as possible is an important step in safeguarding one’s legal rights.
The legal obligations a property owner owes to others depends on the circumstances under which those individuals visit a defendant’s premises. Under state law, there are a few types of individuals who may enter someone’s property: invitees, licensees, and trespassers.
Invitees are people who the property owner invites explicitly or indirectly onto their premises for some purpose. Claimants such as customers of a business or social guests are typically considered invitees. A property owner must inspect their property for dangers and fix any hazards they encounter. If the property owner cannot fix a dangerous condition immediately, then they must at least warn the invitee about the threat.
Licensees are individuals permitted to be on someone’s property, but may not be explicitly invited. Defendants in this situation must not recklessly cause harm to the licensee. Also, they must inform these visitors of any dangers of which the defendant knows but which may not be evident to the licensee.
Trespassers are those who come onto the defendant’s property without permission or acquiescence. Property owners do not owe the same duties to trespassers as they do to invitees or licensees. However, proprietors still must not intentionally or recklessly cause harm to a trespasser without legal justification to do so.
Whenever a property owner fails to live up to these obligations, they may be responsible for paying compensation to a visitor who suffers injury as a result. If a defendant’s failure to inspect their property or set up warnings of danger did not lead to the plaintiff’s injury, then their lawsuit may not be successful. Our Pompano Beach lawyers could evaluate an injured party’s situation and determine whether the evidence supports the filing of a premises liability claim.
In Pompano Beach, the legal process of recovering compensation in a premises liability claim begins with the injured party or their attorney filing a suit in the appropriate court. The complaint lays out the reasons why the plaintiff should receive compensation from the defendant.
Additionally, a claimant must generally file their lawsuit within two years of the date of their injury. If they fail to do so, the defendant may argue that the claimant failed to meet the statute of limitations and have the plaintiff’s suit dismissed.
Lawyers with knowledge of these claims are often a valuable asset in helping plaintiffs initiate their claims. Retaining an attorney could help someone begin the recovery process more quickly than if they attempted to represent their interests on their own.
Even if you are not certain of whether you have legal grounds to file a claim, speak to a Pompano Beach premises liability lawyer if you suffered injuries while on another person’s property. No matter the nature of the damage you sustained, you may be entitled to recover financial compensation. Contact Kogan & DiSalvo today for a free case consultation.