Premises Liability

When a person is injured on another individual’s or business’s property, a premises liability claim might arise. The type of premises liability claim that most people think of is a slip and fall case where an individual slips and falls on another person’s property and has reason to hold the other person liable for his or her injuries. These claims are one type of personal injury lawsuit. It is important to prove several elements related to liability and damages for a person to recover following an accident. Florida law details the factors necessary to successfully recover following an injury on another person’s property.

If you suffered injuries in a slip and fall or other accident on another person’s property, you likely have questions regarding your legal rights. Sometimes, pieces of property contain particularly dangerous conditions that can lead to injuries for guests, customers, or others visiting that location. To learn more about your options to pursue a claim, contact a Tampa premises liability attorney. At the Durham Law Group, our attorneys are dedicated to advocating on behalf of injury victims. Call us at 813-333-6250 to learn how our experienced lawyers can help you.

When Does an Injured Person Have a Premises Liability Claim?

To have a successful premises liability claim, the victim will have to indicate that the responsible party was negligent. Proving a negligence claim will require that the owner or manager of the property owed you a duty of care. Assuming that owner or manager did owe you such a duty, you will then have to show that they breached that duty, that you suffered injuries as a result of that breach, and that you sustained damages. All of these elements must be satisfied in order to have a successful claim.

Duty of Care, Breaches, and Damages in Property Liability Claims in Tampa, Florida

Duty of care in property liability claims is more complicated than it is for some other types of personal injury claims. For example, in car crash lawsuits, drivers owe a duty of care to everyone else on the road. In the case of property liability, the duty of care owed is dependent on the type of property and the category of individual on that property. The highest duty of care is owed to individuals entering the property who are considered invitees. If you were injured while you were a customer in a commercial business, you will be considered an invitee. If you were injured while visiting another person’s property for social purposes, you would be considered a licensee, and the duty owed to you will not be as strict as that owed to those on commercial properties. The lowest standard of duty is owed to trespassers, who are individuals who do not have a right to be on the property.

In the case of invitees, the duty owed includes an obligation on the part of the owner or manager to maintain a safe property through regular inspections and repairs when necessary. If a dangerous circumstance exists on the property, an invitee is owed a warning regarding that condition.

Licensees are owed a lesser standard, but property owners or managers are still required to keep relatively safe conditions, repair those that are unsafe, and provide warnings of dangers. While property owners of commercial properties are required to warn of dangerous conditions whether they knew of them or should have, in the case of licensees, a warning is only owed if the owner has actual knowledge of that dangerous condition.

Trespassers are people who are not intended to be on the property. The law recognizes that these individuals are not owed a particularly high standard of care, and yet owners and managers are still required to exercise reasonable care to prevent intentional or reckless injuries to these individuals. The first step in determining liability is to understand whether you were on the property as an invitee, licensee, or trespasser. Next, you would have to show that the relevant duty of care was breached by the defendant. If the defendant did breach that duty, the next step is showing that you were injured as a result of that breach and that those injuries led to damages. Your damages will include your medical bills, lost wages, and the physical harm you suffered because of the accident.

Call the Durham Law Group Premises Liability Lawyers in Tampa Today

At the Durham Law Group, our attorneys understand that personal injuries can lead to severe harm and costly medical bills for a person in their family. In serious cases, individuals lose their ability to work, which can cause long-lasting impacts on victims and their loved ones. To learn more about how we can help, call 813-333-6250 for a free consultation with an experienced Tampa premises liability attorney.

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