If you get injured on someone else’s property, you might not know if you can file a claim or lawsuit against the homeowner. After all, your injuries have cost you a lot of money, and you need to obtain compensation for those injuries and lost time at work.
Fortunately, you can file a claim or even sue someone for getting injured on their property. This includes grocery stores, big box stores like Walmart, landlords, and even homeowners.
Under Florida premises liability laws, the owner of a property, including a home, is responsible for maintaining that property and keeping it free from dangerous hazards. A failure to do so can make the property owner or homeowner liable for any injuries suffered on their property.
Whether you are an invitee, a licensee, or a trespasser will determine how liable the property owner is for injuries you suffered.
An Invitee and Property Owner Liability
An invitee is a person who is invited onto a property by the owner or occupier to conduct business or other lawful activity. For example, customers of a store are considered invitees. Property owners have a higher duty of care to invitees than other visitors, such as licensees or trespassers. They must inspect the property for hazards and fix or warn their patrons about dangerous conditions. If the property owner fails to fulfill this duty of care and an invitee is injured, the owner may be liable for damages.
Here are some examples of how a business or property owner may be held liable for injuries on their property:
- Failing to put out floor mats or mop up spills on floors
- Not fixing broken stairwells, loose railings, or unsecured carpeting and rugs
- Inadequate lighting in stairwells and in parking lots
- Failing to plow snow and ice from parking lots
- Negligent security
- Elevator and escalator accidents
- Faulty wiring and lack of fire alarms and sprinklers
- Food poisoning
A Licensee and Property Owner Liability
A licensee has the owner’s or occupier’s permission to be on the property as a guest and not conduct business. For example, a social guest in a home is considered a licensee. Property owners have a lower duty of care to licensees than to invitees.
Property owners must exercise reasonable care to protect licensees from known or reasonably discoverable hazards on their property. This includes taking steps to warn licensees about any dangerous conditions of which the owner is aware, but the owner is not required to actively inspect the property for hazards as they do with invitees.
Here are some examples of how a homeowner may be liable for injuries on their property:
- Slip and fall accidents
- Failing to remove snow and ice from walkways
- Dangerous conditions, such as broken or loose railings, exposed nails on decks, or unsecured firearms
- Failing to maintain the home, such as not fixing broken windows
- Not securing ground wells or swimming pools
- Failing to warn about dangerous dogs or animals on-site
A Trespasser and Property Owner Liability
A trespasser enters or remains on a property without the owner’s permission. Property owners have the lowest duty of care to trespassers and are not generally liable for injuries. However, there are some exceptions to this rule.
For example, if the property owner knows that there are frequent trespassers on the property, and if the owner knows of a dangerous condition on the property, the owner may have a duty to take reasonable steps to protect the trespasser from the hazard.
Florida Premises Liability Laws and Children
When it comes to children, premises liability laws differ. The state of Florida recognizes that children are naturally curious. Florida’s Attractive Nuisance Doctrine is a legal principle that holds a property owner liable for injuries to children caused by an artificial condition on the property if the owner knew or should have known that the condition would attract children and that they would not understand the danger.
Examples of attractive nuisances include swimming pools, trampolines, and abandoned refrigerators. The idea behind this doctrine is that children are less able to understand and appreciate risks, so property owners must protect them from hazards on their property.
How Can a Lawyer Help After a Premises Liability Accident
Premises liability is a highly specific area of law. If you suffer an injury on another person’s property, it is in your best interest to hire an attorney to represent you. Your lawyer will protect your rights to compensation by filing a claim or lawsuit. They will also take the following steps:
- Investigate the incident: Evidence such as photographs of the scene, witness statements, and any medical reports or bills related to your injuries are crucial to your claim. Your attorney can gather this evidence, which will help to establish the facts of the case and identify the responsible party.
- Determine if the property owner had a duty of care: Your lawyer will evaluate if the property owner had a legal duty to maintain the property safely and if they failed to do so.
- Prove that the property owner’s negligence caused your injury: You will need to establish that the property owner’s failure to maintain the property safely was the direct cause of your injuries.
- Calculate the damages: When you work with a premises liability lawyer, they can help to establish the full extent of your injuries and the financial impact they have had on your life, including medical expenses, lost wages, and pain and suffering.
- File a lawsuit: If your attorney believes you have a valid claim, they will file a complaint in court outlining the details of your case and the damages you seek.
- Representing you in court: Once your premises liability lawsuit is filed, your attorney will represent you in court and help you navigate the legal process.
Florida premises liability laws are complex and require a knowledgeable attorney to navigate them. With a lawyer on your side, you can seek compensation to pay for medical bills, lost wages, pain and suffering, and more.
Contact Our Premises Liability Lawyers Today
If you suffered an injury on someone else’s property, a Miami premises liability attorney can review your case and determine if the homeowner or property owner’s negligence led to your accident and injuries.
Miami injury attorney, Prosper Shaked, works quickly to help injured Miami accident victims and their families obtain compensation for their injuries after suffering on someone else’s property. For a free consultation on your case and help understanding your legal options, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676 or fill out our confidential contact form.