Premises Liability

Accidents and injuries often result from activities that we deem as “dangerous,” but seemingly ordinary tasks can cause injury under certain circumstances. Injury can in fact occur when a person least expects it, such as when they are shopping at the grocery store or even visiting a friend in their home. Under Florida law, an owner of property must use reasonable care to maintain their premises in a safe condition. The property owner must warn a person like a visitor or tenant of hidden dangers which are known or should have been known, and which are unknown to the visitor or tenant. A person who is injured due to a dangerous condition on someone’s property has the right to claim damages if the property owner failed to repair or warn about that condition. A Florida premises liability attorney can assist you in determining who should be liable and in asserting your claim for damages.

Types of Property

The theory of premises liability applies to nearly any sort of Florida real estate. Owners of offices, stores, homes, other buildings, and private land have a duty to warn of hazards on the property and take reasonable steps to make the premises safe.

Liability for Injury

The most complicated questions in premises liability are: who owes the duty of care, and to whom do they owe it? A property owner is generally liable for injuries occurring due to hazardous conditions on the property. The term “property owner” may refer not only to the person or business whose name is on the title, but also to a tenant or other person or business who has control and maintenance of the property. A tenant in an office building, for example, may have an agreement with the building owner to maintain the leased premises in a safe condition and to be responsible for injuries. Liability for an injury may also be split between a tenant and a property owner.

As for a person owed the duty of care, premises liability offers the most protections to tenants, customers, or visitors who have been invited onto the premises by the owner. With some exceptions, a property owner must know that a person is likely to encounter a hazardous condition in order to be held liable for injuries caused by the hazard. A property owner may owe less of a duty of care, therefore, to a trespasser than to a guest.

Types of Hazards

Premises liability encompasses a wide range of possible hazards and injuries, which might include:

  • Slip and fall due to a foreign substance or object on the floor;
  • Fall in a poorly-maintained stairwell ;
  • Injury due to other poorly-maintained building condition;
  • Animal attack;
  • Exposure to a toxic substance; or
  • Drowning due to a poorly-marked swimming pool or other body of water.

The Deerfield Beach injury attorneys at Goldman & Daszkal, P.A. represent people in Palm Beach and Broward County who have been injured by dangerous conditions on someone’s property. Contact the firm through this website or at 954-428-9333 for a free and confidential consultation to discuss your case.