All property owners have an obligation to maintain safe conditions so that other people cannot be injured as a result of their negligence. If a person is injured because of someone else’s inability to take care of their property, that individual may wish to file a premises liability claim. In the state of Florida, premises liability laws are in place to protect those who are injured on another person’s property. These accidents can result in physical, mental, and emotional trauma for the individual. There are some cases in which the injured may be able to receive compensation for their injuries and trauma that occur as a result of the accident.
Types of Dangerous Conditions
There are several ways a person could become injured as a result of a property owner’s negligence. Some dangerous conditions that could lead to serious injuries may be:
- Broken or uneven stairs
- Missing/broken handrails
- Wet floors
- Cracked or uneven sidewalks
- Exposed wiring, broken electronic equipment, cords, etc.
- Poor weather conditions
- Spills of liquids, oils, solids, etc.
- Inadequate drainage
- Inadequate lighting
These hazards may exist in accidents in areas such as sidewalks, elevators, hotels, supermarkets, swimming pools, and even theme parks.
Duty of Care
When pursuing a premises liability case, it is important to know who is at fault for the injury and the reason why they are responsible. Property owners have a legal obligation to provide a duty of care to others so that they will not be injured on their property. This care is mandatory regardless of if the individual was on their property as an invitee or a licensee. An invitee is a person invited onto the property for business or commercial reasons. A licensee is a person on the property for non-business or non-commercial reasons, such as social gatherings.
A property owner may even owe a duty of care to a trespasser in some cases. The owner is responsible for warning a trespasser of any hazardous conditions as long as they are aware of trespasser’s presence. This is also true if children trespassers are drawn onto the property and injured as a result. This may be seen if the property has an unfenced pool and an unsupervised child drowns.
A few things must be proved in a premises liability case in order to be successful. The injured party must show the property owner was negligent in providing the lawful duty of care. This requires evidence that the owner was responsible for maintaining a safe property and they did not do so. They must also prove the accident that happened and their injury was a direct result of the property owner’s negligent behavior. Evidence for a case can be any medical documentation of the injury, pictures of the hazard, and any witnesses to the incident.
Contact our Firm
Cressman Law Firm, P.A. is committed to collecting compensation for medical malpractice and other personal injury victims in Winter Garden and the surrounding areas. If you have suffered an injury at the hands of a healthcare professional, we are here to ensure you get the compensation you deserve. Contact our firm today at (407) 877-7317 to schedule a free consultation.