Whenever an individual enters onto land that is the property of another party, they have the right to feel safe. In fact, Florida laws require those landowners to take appropriate steps to preserve the well-being of guests. The extent to which a landowner must provide protection varies based on a visitor’s permission to enter the land and their motivations for doing so. As a result, an injured party must prove that a landowner failed to keep them safe and that the defendant had an obligation to provide protection.
A Winter Garden premises liability lawyer could help you meet this high legal standard. A skilled personal injury attorney could establish your rights under the law, evaluate the actions of a landowner that led to an injury, and demand proper compensation in settlement talks and at trial.
Every landowner in Winter Garden and throughout Florida must take appropriate steps to protect visitors from harm. Whenever a person visits the land of another party, they are subject to that owner’s choices concerning maintenance, preventative measures, and even the criminal actions of third parties.
A premises liability claim is a civil demand for compensation because of the failure of a landowner to keep a guest safe. These claims fall into one of three main categories. The first are injuries that result from temporary hazards. Standing water, black ice, or loose carpeting could all cause injuries to unaware guests. The slip and fall is the classic example of how a temporary hazard could cause an injury.
The second class of premises liability claims involves inherent defects in the land. Broken stairs, potholes in parking lots, or poor lighting in a hallway could all cause a visitor to suffer an injury. These are conditions that a landowner must take long-term care to prevent.
Finally, a landowner may even be liable for the criminal activities of third parties. If a bar owner fails to have proper security, and an assault occurs, that bar may be liable for that attack. Similar situations require apartment buildings to have locks on common areas, gas stations to have proper lighting, and stores to have easily found fire exits. A Winter Garden premises liability attorney could provide more information about the legal basis for this claim.
Not every premises liability claim operates under the same concept of the law. While a general concept states that landowners must take steps to keep guests safe, the extent to which this duty extends will depend on a plaintiff’s classification under premises liability law. The law creates three classes of visitors, each having its own rights under the law and placing a different burden on a landowner. These classes are:
Even if a plaintiff can establish their right to be on the land, defendants may still argue that they were not liable for an injury. The most common way to accomplish this is for a defendant to argue comparative negligence. According to Florida Statute § 768.615, courts must evaluate the actions of all parties when considering the question of liability for an accident. A premises liability lawyer could craft claims that name a landowner as the sole liable party for an injury.
Landowners must take appropriate steps to keep their guests safe from harm. This includes providing a safe structure, placing proper lighting to deter slip and falls, and even having adequate security. However, the mere fact that an injury happened while on another’s property does not guarantee success.
A Winter Garden premises liability attorney may be able to help. They can establish your rights as a visitor and uncover evidence that proves landowner negligence. Contact our team immediately to schedule an appointment about your case.
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