Have you suffered from an accident due to a property owner’s negligence? If so, you may be able to receive compensation.
Florida’s Premises Liability Law states that property owners are responsible for maintaining hazard-free, safe grounds for their visitors. If an injury or accident occurs on another person’s property, the property owner may be liable to compensate the victim.
Suffering from an injury on another person’s property can be stressful, scary, and expensive. However, if the property owner was at fault, you may not be responsible for all of the expenses the accident incurs.
What is Florida’s Premises Liability Law?
Florida law states that the property owner or tenant (such as a restaurant owner renting the building) is responsible for keeping the property free of hazards that could lead to accidents or injuries. This responsibility entails:
- Maintaining the grounds
- Scheduling regular inspections of the property
- Repairing hazards quickly as they appear
- Adequately warning visitors of existing hazards
Property owners have a duty of care to anyone who enters the property. However, the exact liability they hold depends on their relationship with the visitor and the visitor’s purpose for entering the property. Three types of visitors are:
“Invitees” are visitors the property owner invited onto the premises for business purposes. For example, customers who enter a store to shop for groceries fall under this category. Property owners hold the highest responsibility to keep these visitors safe, meaning they are often liable in the case of an accident.
“Licensees” are visitors who enter the property for personal benefit, not as a customer. For example, a visitor who enters a gas station to use the restroom, not to purchase anything, falls into this category. However, the property owner still holds responsibility for keeping these visitors safe while on their property.
Finally, “trespassers” are visitors who enter the property without permission from the property owner. Even though the property owner did not invite these visitors to the property, they still need to protect trespassers against unmarked hazards by posting visible “no trespassing” signs.
Do Children Fall Under the Premises Liability Law?
Children pose somewhat of an exception to Florida’s Premises Liability Law. Because they often lack reasoning abilities, children cannot gauge danger the same way adults can. Similarly, children sometimes trespass on properties involuntarily, putting them at a greater risk of injury on another person’s property.
However, a child’s parents may still hold the property owner liable for not correcting blatant hazards that led to the child’s injury. If your child has suffered an injury on another person’s premises, we recommend hiring an accident lawyer for guidance regarding how to pursue compensation.
What Qualifies As a Premises Liability Accident?
A property owner’s failure to maintain the grounds can result in a wide range of personal injury accidents, such as:
- Swimming pool accidents
- Slip-and-fall accidents
- Elevator or escalator accidents
- Dog or animal attacks
- Construction accidents
- Falling-object injuries
While the above accidents are some of the most common premises liability situations, any injury resulting from a hazard on another person’s property could fall under Florida’s premises liability law. As a result, if you are a victim of an accident on another person’s property, you may be able to receive compensation from the property owner.
What Compensation Can Premises Liability Victims Receive?
Experiencing an accident on another person’s premises can be life-changing. Depending on the severity of the injury, these events could result in steep medical bills, emotional trauma, and extensive recovery periods. Receiving compensation from the property owner is one way to ease the burden that these accidents place on victims.
Premises liability victims are often able to receive compensation to cover:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Physical impairment
- Funeral expenses
However, to receive this compensation, you or your survivors must be able to prove that:
- The property owner was responsible for your care while on the property
- The property owner neglected to maintain the property in a way that would have prevented your accident
- The dangerous condition existed long enough that the property owner should have been aware of it
- The property owner’s neglect directly caused your injuries
Many people struggle to gain compensation in court because of their lack of legal experience. Therefore, the best way to receive the most compensation from a personal injury lawsuit is to hire a skilled, competent accident injury attorney to represent you.
At Dyson Law, PLLC we have the necessary experience to handle your case with the utmost professionalism and compassion. When you hire our personal injury lawyer team, we will do everything we can to represent your case accurately and fairly and to receive a favorable outcome for you and your family.
Contact a member of our team at Dyson Law, PLLC, today at 561-498-9979 in Delray Beach, FL, to schedule your consultation about whether to file a personal injury claim to pursue compensation. Since we only work on contingency fees, we do not charge you for our services until you have received a favorable court result and compensation.
Copyright © 2021 Dyson Law, PLLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.