When you suffer an injury on another person’s property because of a hazardous condition, you may be eligible to file a premises liability claim. Many circumstances can impact whether you have a valid premises liability claim, however, making it crucial to discuss your situation with a local personal injury attorney.
If you sustained injuries on another person’s property due to their negligence, you could have the right to hold them responsible for your losses. Work with an experienced Orlando premise liability lawyer at our firm to determine whether you can file a claim for damages against the property owner or manager.
In premises liability cases, the injured party can only recover compensation if the defendant property owner failed to provide them with a reasonable level of care and thereby placed them at an unnecessary risk of harm. This typically includes failing to remedy known property hazards or failing to warn visitors of potential dangers despite knowing of hazardous conditions on their land.
In many cases, the owner and their insurance company will try to place blame on the injured party. Every situation is unique and will require extensive investigation by a diligent team of attorneys. The extent of protection that a property owner owes to visitors will vary depending on the legal status of each guest.
The law breaks property visitors into three categories: invitee, licensee, and trespasser. Each of these visitors is owed a different level of protection from landowners, and they may sue a property owner or manager who fails to meet the appropriate standard of care. A seasoned premises liabilities injury lawyer in Orlando can help determine which category a particular visitor falls under.
An invitee is someone who can enter the property with either implied or express permission and to the owner’s benefit. Examples of invitees include shoppers at a mall or grocery store. A property owner or manager owes invitees the highest level of care, meaning they must remedy any known property hazards in a timely manner and post clear and visible warnings of hazards that cannot be remedied in a timely manner.
A licensee is someone who enters a property with implied permission for their own benefit. Examples of licensees include independent contractors who enter a premises to complete a job. The property owner or manager owes the licensee the second-highest standard of care and must warn them of any hazards on the property.
Trespassers enter another person’s property without permission. The owner or manager of a property does not have a duty to protect trespassers from injuries on their land. An exception would be if the property owner created a hazard to cause harm to trespassers. In that case, a court could hold them liable for a trespasser’s damages.
Under Florida Statutes §823.08, it is possible to hold a property owner liable under the attractive nuisance doctrine if a child trespasses and sustains an injury on a premises that is left unlocked and unsupervised. This legal concept applies when an attractive object, such as a pool or unrestrained dog, attracts a child.
Premises liability cases require many resources and are incredibly complex. To win these cases, you must prove to the court that the property owner was negligent in their actions or inaction. You will also need to prove that they failed to provide a reasonable level of care to you as a visitor.
Call a seasoned Orlando premises liability lawyer today to discuss your claim if a careless property owner’s actions or inaction led to your injuries. Let one of our skilled attorneys advocate on your behalf and get you the just compensation you deserve.