Getting hurt on someone else’s property can trigger premises liability law. This is an area of law that holds property owners responsible when their negligence causes someone else to suffer an injury.
If you were hurt while on someone else’s property, and you believe the owner bears responsibility, contact a DeLand premises liability lawyer. The personal injury attorneys at The Florida Firm have extensive experience representing injured Floridians in these cases and have an impressive track record of success. We pride ourselves on outstanding responsiveness and we treat all our clients with the individual care they deserve.
Types of Premises Liability Cases
People often think of slip and fall cases when they think of premises liability. Accidents involving falls are part of a premises liability caseload, but this area of law covers a range of preventable hazards.
Premises liability covers conditions on a property that cause illness over time, such as exposure to toxins or mold. When a property owner does not take adequate security measures and a resident or visitor is injured during the commission of a crime, the property owner can be responsible under premises liability.
Animal attacks, building fires, roof collapses, and drowning all could be attributable to a property owner’s negligence, depending on the circumstances. Consult our DeLand attorneys to determine whether your accident comes within the purview of premises liability law. Our team regularly obtains substantial verdicts and settlements in these cases.
Your Status Determines the Owner’s Liability
An owner’s responsibility for accidents that occur on their property is pegged to their duty to keep their premises reasonably safe. This area of law is complex because the owner’s duties depend on the visitor’s purpose in being on the property.
Invitee
Someone who owns or operates a business or attraction and opens the premises to the public owes the highest duty to people who enter, who are called invitees. The owner or business operator must:
- Make regular inspections to identify potentially dangerous conditions
- Repair or remediate the hazard within a reasonable time
- Prevent an invitee from injury by posting warnings, erecting barriers, or taking other appropriate measures
When you can prove both that you were on the premises as an invitee and the owner or operator failed to take appropriate steps to keep you safe, you can hold them liable for your injuries.
Licensee
If you entered the property in furtherance of your own work—for example, as a sales person, contractor, or delivery person—or as a social guest or tenant, you are a licensee. A property owner’s duty to a licensee is more limited than their duty to an invitee.
The owner must warn you of hidden hazards they know about, but they need not inspect their property to find hidden hazards, and they have no duty to repair them. They also need not warn you about any dangerous condition that is open and obvious.
Trespassers and the Attractive Nuisance Doctrine
If you were trespassing when you got hurt, you are unlikely to have a viable legal claim. Florida Statutes § 768.075 exempts property owners from civil liability to trespassers.
However, there is one very important exception that relates to children who enter the property without permission. If the property contains a man-made feature that could be enticing to children but is inherently dangerous to them, the property owner must restrict access to it. Attractive nuisances include features like:
- Treehouses
- Trampolines
- Pools and fountains
- Derelict vehicles and appliances
- Construction equipment
- Sheds or playhouses
Nearly any non-natural feature that might be appealing but poses a danger to an unsupervised child could be considered an attractive nuisance.
If your child was hurt while trespassing, and you believe they entered the property to investigate an attractive nuisance, reach out to a premises liability lawyer in DeLand. A property owner’s liability depends on numerous factors, including the age and maturity of the child, but we will investigate to determine whether you may have a viable claim.
Pursue an Injury Claim With a DeLand Premises Liability Attorney
Premises liability law is confusing, and it can be difficult to know your rights when you were hurt on someone else’s property. A DeLand premises liability lawyer could provide clarity and effective advocacy.
The Florida Firm has developed a stellar reputation over many years for keen legal skills and compassionate care for our clients. Reach out today to schedule a free consultation to discuss your injury case with a member of our team.