Premises liability is a body of law that addresses breach of due diligence by property owners to provide a safe environment for visitors. It is a legal concept that comes into play in circumstances where the property owner fails to take necessary precautions to remove known hazardous conditions or to post clearly visible warnings of potential danger to prevent injury to anyone visiting the property. Failure to provide adequate warning signs in areas that can clearly be seen by individuals on the property increases opportunities for accidents to occur that can lead to serious injuries or death.
Property owners refer to:
- Small Business owners
- Rental Properties owners or management companies
- Commercial property operators such as grocery stores, hotels, shopping malls, bars and restaurants, entertainment venues, gym owners, hospitals to name a few.
Visitors to the property are typically referred to as:
- Invitees represent customers doing business or attending a social event in which there is an implied promise that reasonable care has been taken to ensure safe conditions.
- A guest is a welcomed visitor to a property for a short or long-term accommodation or an individual that has been invited to a social event in a home with the reasonable expectation that it is a hazard free environment.
- Licensees enter the property for their own purpose, or as a social guest with the consent of the owner with no implied promise of care.
- Trespassers do so without invitation or welcome and without promise that the premises have been made reasonably safe against the possibility of injury.
In the event that a visitor sustains an injury while on someone else’s property due to unsafe conditions, that visitor may bring a lawsuit against the property owner. The laws and procedures of the state governing “premises liability” determine whether or not the property owner is liable. Based on the focus of the judicial procedures; the case may be determined by the condition of the property, the activities at the time of the accident or on injuries sustained by the plaintiff.
Hazardous conditions and accidents that are often the subject of premise liability claims typically include:
- Wet or slippery surfaces that result in a slip and fall accident.
- Exposure to dangerous toxins via hazardous fumes or contaminated water from chemical spills. Property owners are required by law to provide appropriate disposal equipment and protection for employees to use, handle and store chemical substances.
- Insufficient lighting or security systems such as guards, alarms and protective fences to deter criminal activity that result in property damage, loss, physical injuries or death.
- Broken surfaces or stairs without proper warning or detour signs that can lead to a fall and serious injury.
- Poorly maintained elevators with outdated or damaged operating mechanisms, improper lighting and emergency reporting system that cause mental and physical injury.
There are innumerable other unforeseen situations and conditions that can result in injuries that could result in litigation. As such, making a determination as to whether or not reasonable care has been taken to prevent accidents and injuries depends on a number of unforeseen variables.
If you or a loved one has suffered injuries due to unsafe or neglected conditions on someone else’s property, you may be eligible for compensation for medical expenses, lost wages, pain and suffering and other damages. Contact Lytal, Reiter, Smith, Ivey &Fronrath at For Your Rights at 800-654-2024 for a free consultation. We can match you with an experienced Florida Premises Liability attorney who can help you seek compensation for your injuries.
About Lytal, Reiter, Smith, Ivey &Fronrath.
Conveniently located in West Palm Beach for 27 years, Lytal, Reiter, Smith, Ivey &Fronrath, LLP concentrates in Personal Injury, Wrongful death, Medical Malpractice, Product Liability and Auto Accidents. At Lytal, Reiter, Smith, Ivey &Fronrath, we specialize in helping victims and their families get fair compensation for injuries caused by the negligence or recklessness of others. Our main areas of practice include personal injury, wrongful death, auto accidents, product liability, medical malpractice, and premise liability. We provide each client with the highest quality representation from a top Florida accident and injury lawyer.
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