Updated June 2020
There are many facets of Personal Injury Law to consider. There’s the unfortunate situation of being involved in a hit and run, but what if your not in an accident out on the highway? What if you’re hurt on someone else’s property?
If someone is hurt in a store or a person’s house, they may be able to recover compensation for their injuries from the property owner. Some common types of premises liability cases include the following situations:
- Slip and falls
- Exposure to toxic substances
- Dog bites
- Assault on property
- Malfunctioning elevators
- Inadequate security
No matter what type of accident you have been involved in on another person’s property, it will be necessary to identify whether the property owner caused or contributed to the accident in the first place. An attorney can help you explore your options for legal action.
If a person is injured on another person’s property, a court will impose liability on the property owner or possessor under premises liability law if the property owner owed the injured person a duty of care and the property owner breached that duty of care. Whether the property owner or possessor owed the injured person a duty of care, as well as the extent of care owed, depends on the relationship between the person owning or holding the property and the injured person.
Premises liability law refers to the legal principles that hold landowners and tenants responsible when someone enters onto their property and gets hurt due to a dangerous condition. Usually, premises liability claims are based on negligence, although the doctrine may be applied differently than it is in other personal injury situations. The primary source of premises liability law is state case precedents.
Slip and falls are the most common type of accident resulting in premises liability. Causes include wet floors, snow and ice, unmarked obstacles, faulty stairs, and other such dangers. Lawsuits can also result from injuries caused by vicious animals, open swimming pools, broken elevators, or violent customers or guests. To obtain compensation, plaintiffs may be able to file suit against owners, landlords, business owners, easement holders, residential tenants, maintenance companies, and other entities that control or possess the property where the accident happened.
The degree of care a property owner is obligated to provide in Florida depends on the relationship of the injured person to the property. For example, a property owner may be liable if a customer is injured in his or her store, whereas a homeowner will not have the same responsibility to a trespasser who is injured on the premises.
- Invitees – Property owners who run a business are strictly liable for maintaining a safe environment for potential customers and visitors. Businesses must actively prevent or repair dangerous conditions in a timely manner or give clear warnings in order to protect against accidents.
- Social Licensees – Social guests and visitors who have permission to enter a public property, but who are not there for business purposes can still hold the property owner responsible for accidents that occur due to unsafe conditions.
- Trespassers – Property owners do not have a responsibility to fix dangerous conditions or provide warnings for the sake of potential trespassers. Unless the property owner has reason to believe that other people might enter the property without permission, he or she may not be liable for accident injuries that occur to trespassers.
When another person is responsible for such damages, it is crucial that you take legal action to not only hold the liable party accountable, but to also obtain rightful compensation. Do not forfeit your right to receive financial support. With a dedicated attorney on your side, you will be able to focus on your recovery as your legal representative works on your behalf and handles the complex and often frustrating legal process.
If you need to know more about Personal Injury Law, make sure to give our comprehensive page a look, and if you have more specific questions, do not hesitate to reach out to us.