Premises liability law means the people who control access to property are responsible for keeping it reasonably safe for visitors. Anyone who suffered an injury because of a hazard on someone else’s property could claim against a property owner, business manager, or lessee for their damages.
A Sanford premises liability lawyer has years of experience representing people who were hurt because a negligent owner did not uphold their obligation to maintain safe premises. If you were injured on another party’s property, consult with a trustworthy personal injury attorney about your legal options before making any decisions about how to proceed.
When an owner or the person who controls access to the property allows others to enter, they owe them a duty to provide safe premises. The owner does not need to guard against and repair every conceivable thing that might cause an injury. However, the owner must take reasonable steps to keep the property in good repair.
They must respond promptly to likely or recurring hazards, such as spills in a grocery store.
Proving negligence requires the injured person to show that the owner had a reasonable time to discover and fix a dangerous condition. A reasonable timeframe depends on the nature of the hazard and the degree of danger it poses. If the owner knew of a danger, did not mitigate it, and did not warn visitors of it, the owner might be liable.
Premises liability cases can be challenging because they are fact-specific. Determining whether an owner was negligent depends on the type of hazard, how the claimant suffered the injury, how long the hazard likely existed, and other factors. A Sanford attorney with experience handling hazardous property cases could investigate the incident to determine whether the owner was negligent, and if so, hold them accountable.
Premises liability could arise in various contexts. Any situation that leads to an injury on another party’s property could trigger premises liability if the property owner could have prevented the injury.
Many premises liability lawsuits result from slips and falls. However, a premises liability claim could result from any of the following situations:
Anyone suffering injuries on another party’s property should get medical attention immediately. Prompt medical care protects the person’s health and helps ensure the injury does not worsen. In addition, a medical record generated soon after an incident is valuable and convincing evidence connecting an injury to an accident on a specific date.
A claimant’s conduct often becomes an issue in premises liability claims. Florida Statute § 768.81 allows a claimant who was partially responsible for an accident to claim damages. A negligent claimant is entitled to collect damages minus an adjustment to reflect their proportion of fault.
When a premises liability claim goes to trial, the judge decides how much fault to apportion to each party. However, most cases settle before trial through negotiations between the owner’s insurance company and a Sanford premises injury attorney.
The insurance company has a strong incentive to direct as much blame as possible onto the injured party during pre-trial negotiations. A legal professional could counter these attempts with evidence proving the property owner’s negligence. If the parties cannot agree on a fair apportionment of blame, going to trial to allow a judge to decide is always an option.
Owners and occupiers must keep their property safe for those who enter their land with permission. They are liable for an injured person’s damages if they fail to make reasonable efforts to identify and mitigate hazards promptly.
Talk to a Sanford premises liability lawyer about your legal options if you got injured on someone else’s property.
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