Almost any accident on someone else’s property could trigger premises liability law. This body of law makes property owners responsible for keeping their property safe for visitors. If you were hurt in this manner, it could be worthwhile to speak with a trusted personal injury attorney. Depending on the circumstances, you might have grounds to bring a lawsuit seeking compensation for your injuries.
A Cocoa premises liability lawyer could review your case and determine whether a property owner’s negligence contributed to your injury. If so, they could help you make a case for compensation and pursue your claim with the owner’s insurance company.
An experienced Cocoa attorney is critical to have in a premises liability case because liability depends on the duty a property owner or occupier owes to visitors. The extent of the duty depends on the relationship the owner had with the person who was injured.
If the premises where the injury occurred is a business or other enterprise open to the public, anyone on the premises is likely an invitee. Property owners must extend the highest duty of care to invitees, regularly inspecting it for hidden hazards and repairing them as quickly as possible. If an immediate repair is not feasible, they must warn any invitees of the danger and prevent them from accessing the area.
If the property owner does not open the property to the public and the injured person is a social guest, meter reader, or someone else who entered the property with permission but for their own purposes, the person is a licensee. Owners and occupiers owe licensees a limited duty – they must warn of any hazards that are not obvious. However, the owner has no duty to inspect for hidden hazards and need not make repairs for the sake of the licensee.
Adult trespassers have no right to compensation if they suffer injuries while on another party’s property without permission. Property owners and occupiers have no duty to keep their premises safe to trespassers.
The attractive nuisance doctrine requires property owners to prevent young children from trespassing if the property contains a feature that could attract children and pose a hazard to them. Some examples include sheds, treehouses, swimming pools, trampolines, and similar features. Florida Statute § 823.08 specifically cites appliances like refrigerators or washing machines that still have doors attached as attractive nuisances.
Property owners must either remove the feature or prevent a trespassing child from accessing it. A parent whose child suffered injuries while trespassing on another party’s property should consult an attorney in Cocoa about whether the property owner could be liable.
A variety of circumstances could lead to premises liability. If a dangerous condition contributed to an accident, the property owner might be liable. If a commercial enterprise leases the property, the party occupying the premises also could have responsibility for an accident.
Slips, trips, and falls are the most frequent type of lawsuit in this area, however, a partial listing of other incidents that could lead to premises liability claims includes:
The common denominator is that an injury resulted from a property owner failing to correct or warn of a hazard they knew of or should have known about.
A Cocoa property accident attorney could investigate any injury on another party’s premises to determine whether the owner or occupier had a duty to repair or warn of the danger. If so, they could assert a claim for damages with the property owner’s insurance company. If the insurer does not offer an acceptable settlement, court action is possible.
If a property owner did not keep their premises safe for visitors and you suffered an injury due to their failure, they owe you compensation. A Cocoa premises liability lawyer could ensure they pay damages covering all your losses.
The Umansky Law Firm Criminal Defense & Injury Attorneys