Injuries and accidents can happen anywhere, from your favorite restaurant to a neighbor’s property. So, what actually makes for a premises liability claim? The key to being able to file a claim against another person or entity for your injuries is determining whether the opposing party owed you a duty of care while you were on the premises, whether or not they breached that duty, and if that breach is what caused your injuries.
Florida’s premises liability laws govern a property owner’s responsibility in protecting individuals who are on their property. The best way to evaluate the validity of your potential claim is to discuss the matter with a qualified premises liability attorney.
As you evaluate your situation and decide whether contacting an attorney makes sense, here’s a brief rundown of Florida’s premises liability laws.
Florida laws around premises liability set forth expectations for property owners in preventing injuries and accidents on their property. Essentially, property owners or occupiers are expected to maintain safe conditions and adequately warn visitors of potential dangers.
Some common incidents that can be classified as premises liability include:
While all of these are examples of potential premises liability, not all injuries that occur under these circumstances are necessarily eligible for a personal injury claim. Even under the best circumstances, when a property owner does all that they should, accidents still happen.
Additionally, the victim still plays a small role in ensuring their wellbeing and should not act recklessly or carelessly while on another person’s property. That means individuals should abide by all posted signage and warnings to avoid injury. If, for example, you slip in an area clearly marked by a sign, you likely won’t have a case.
In Florida, the law states that property owners and tenants (or lessees) must maintain a safe property that is free of hazards. Under Florida’s premises liability laws, there are three types of visitors on a property:
Additionally, some premises liability cases include more than one party that is at-fault for an accident. This can happen when contractors or third parties are involved. For example, if a power company does not properly ensure that they are being careful when doing electrical work on a property and they electrocute a property visitor, the property owner may not be the at-fault party. So long as the property owner properly vetted the power company to ensure they were licensed and capable of doing the work properly, it’s unlikely the property owner would be at fault.
In other circumstances, both the property owner and the third party could be at fault. To investigate and dig deeper into who might be at fault for your injuries on someone else’s property, you should consult experienced premises liability attorneys immediately.
Florida’s premises liability laws have a special exception called the Attractive Nuisance Doctrine. This law states that the property owner has a special duty of care for objects or hazards that might attract a child’s curiosity. These objects of curiosity might be a swimming pool, ladder, or other construction equipment.
The property owner must make reasonable provisions to keep children safe when these hazards are present. For example, having a fence around a pool isn’t necessarily enough if the gate’s lock is low enough for a small child to reach and if the lock is simple to open. Instead, the property owner should elevate that lock to a place where the child cannot reach it or make it difficult for a child to open.
Skilled premises liability attorneys know that the courts will look to see if the property owner in question could have possibly predicted the risk to visitors. Additionally, the courts will look at the victim’s actions to determine if they were using the property properly and engaging in normal behavior there.
If you’re looking for reputable premises liability attorneys in Florida, contact Goldman & Daszkal. We have extensive experience advocating for Florida victims of premises liability accidents, and we’re eager to put our skills to work for you in your personal injury case.
We serve the following localities: Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hollywood, Lauderhill, Lighthouse Point, Miramar, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Broward County, Boca Raton, Boynton Beach, Delray Beach, Palm Beach Gardens, Wellington, West Palm Beach, and Palm Beach County.
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