People, companies, and other landowners that invite guests onto their property have an obligation under the law to keep them safe from harm. This includes taking proper steps to prevent injury that may result from accidents but also involves providing a generally safe environment against all potential hazards. Even with this basic concept in mind, you will need to connect your losses to the incident to collect fair compensation.
A Port St. John premises liability lawyer has the resources to help you collect these payments. Taking the case to court is not always necessary – a seasoned personal injury attorney could negotiate a settlement from the insurance company to get you the help you require.
As a general rule, a property owner has a duty to protect guests from harm. However, the precise steps that a landowner must take to provide this protection depend on whether the guest had permission to be on the land at the time of the incident and why the guest was on the property.
Trespassers refer to people who are on land without the owner’s permission. Trespassers enjoy no protection from accidental injuries while visiting another’s property and may only pursue compensation for injuries that result from a landowner’s intentional acts of violence or careless disregard for their safety.
Licensees have permission to enter the land and do so for their own benefit. In these situations, a landowner must warn the guest about hazards about which they have actual knowledge but may not be liable for injuries that result from hidden dangers.
Invitees enjoy the greatest level of protection under the law. These people enter the land with the owner’s permission and for the owner’s benefit, often as part of a business transaction. Here, the owner must warn guests about known dangers and inspect the land for potentially dangerous situations. A Port St. John premises liability attorney could provide more information about a person’s classification under the law when they set up a consultation.
The easiest example of a dangerous property claim is the slip and fall that results from liquid spills or icy pavement where a landowner fails to provide proper warning about a danger.
However, premises liability cases extend far beyond this simple concept. Property owners must also be sure to keep their land structurally sound, so as to prevent injuries due to broken stairs, faulty hand railings, or even fires where a defective fire exit may lead to serious burn injuries or death. In some cases, a property owner may even be liable for the actions of third parties. If an apartment building does not have proper locks on security doors or if a gas station has inadequate lighting, these factors may embolden other people to commit criminal acts of violence. A premises liability lawyer in Port St. John could help connect the actions of a property owner to a wide variety of situations that result in personal injuries.
Regardless of the exact facts that led to an injury, there is a limited time under the law to come forward with a demand for compensation. While Florida Statute § 95.11 previously stated that injured people have four years to pursue their case, a new bill went into effect on March 24, 2023, that shortens the statute of limitations for negligence cases to two years for incidents occurring after that date. Moving quickly to protect one’s rights is essential when pursuing a civil action.
All people who legally visit the property of others deserve protection against foreseeable harm. This includes shoppers in stores, patrons in movie theaters, and even tenants in apartment buildings. Landowners must warn guests about known harms and, in some cases, have a duty to inspect their property for potential dangers.
A Port St. John premises liability lawyer is prepared to pursue your case for all it is worth. For legal advice in getting the restitution that you deserve, reach out to The Umansky Law Firm Criminal Defense and Injury Attorneys now.
The Umansky Law Firm Criminal Defense & Injury Attorneys
