When you get hurt on someone else’s property, the property owner may be responsible for compensating you. If the owner could have prevented your injury, they could be liable to pay your damages.
Premises liability is complex, and the outcome of a specific case depends on several variables. Contact Colling Gilbert Wright and ask to speak with a Kissimmee premises liability lawyer. Other legal professionals in the area turn to our personal injury attorneys when they or their loved ones need legal representation, so you can be confident that you will be in good hands.
What Situations Trigger Premises Liability?
The law says that property owners have a responsibility to protect people who enter their property legally. There are various hazards a property owner must manage to keep you safe, and the specifics will depend on the circumstances.
When you suffer an injury that the owner could have prevented if they had exercised reasonable care, the owner is responsible for compensating you. Our Kissimmee attorneys represent people who suffered injuries on someone else’s property in the following situations, among others:
- Slips, trips, and falls
- Roof collapses
- Fires
- Drowning and near drowning
- Exposure to toxins
- Bedbugs
- Dog bites or other animal attacks
In addition, property owners must provide adequate security, so they are liable if you were injured in the course of criminal activity on the premises.
You can claim compensation for your injuries if you can prove the property owner was negligent. Proving negligence in these cases can get complicated because the property owner’s obligation to keep you safe depends on the reason you were there.
Your Reason for Entering Determines the Owner’s Liability
A property owner has a duty to provide safe premises for people who enter the property with permission. However, the extent of the duty depends on why you entered another person’s property. Our Kissimmee premises liability attorneys will investigate the situation that led to your injury and determine whether the property owner breached a duty to you—if so, the owner is liable for your damages.
If the property is a business or premises open to the public, the owner has a duty to regularly inspect for hazards and correct them as soon as reasonably possible. The owner must post warnings to keep you away from hazards that have not yet been corrected.
If you were a social guest or entered the property for your work, the owner must warn you of hazards that are not obvious. The owner does not have a duty to inspect for hazards and is not obligated to repair them.
Special Rules for Child Trespassers
Property owners generally have no duty to trespassers. However, when a young child trespasses, the property owner may be liable for injuries they sustain.
When the property contains a feature that would attract children, the owner must prevent the child from gaining access. The owner must restrict access to swimming pools, construction equipment, abandoned appliances, and almost anything that is both inherently dangerous to children and intriguing to them. If your child was injured while trespassing, contact The Florida Firm to determine whether you have grounds for a legal action.
Determining Compensation for Your Injuries
A negligent property owner owes you compensation for your out-of-pocket financial losses, future injury-related expenses, and money for your pain and suffering. Our Kissimmee lawyers have a track record of obtaining substantial payouts for our clients in premises liability cases. For example, we obtained $3 million for a client whose leg was crushed in a building collapse and $900,000 for a client who was physically attacked by their landlord’s employee.
Florida Statutes § 768.81 reduces the damages you can collect if you bear some fault for your injuries. If the property owner can prove that you were primarily responsible for the accident, you cannot claim any damages. Working with a skilled attorney can ensure you do not bear an unfair portion of the blame for an accident.
Consult Our Kissimmee Attorneys If You Were Hurt on Someone Else’s Property
You have the right to be safe when you enter someone else’s property, but the laws regarding liability are complex. Our attorneys at Colling Gilbert Wright have decades of experience obtaining outstanding results for those injured in premises liability cases. Reach out to a Kissimmee premises liability lawyer at our firm today for a free consultation.