Florida Premises Liability attorney

The Broad Spectrum of Premises Liability in Florida

Premises liability law in Florida is a complex area of personal injury law that holds property owners and occupiers accountable for injuries that occur on their property. This area of law covers a wide range of incidents, including slip and fall accidents, swimming pool accidents, dog bites, inadequate security leading to assault or theft, elevator and escalator accidents, and exposure to hazardous substances. The essence of a premises liability claim is that the property owner or occupier failed to maintain a safe environment, leading to injury or harm.

Property owners have a legal obligation to ensure their premises are safe for visitors. This includes regular inspections to identify potential hazards, timely repairs of known dangers, and adequate warning signs for areas that might pose a risk. When property owners neglect these responsibilities, and someone is injured as a result, the injured party may have grounds for a premises liability claim. These claims can seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury.

Determining Liability and Understanding the Duty of Care

In Florida, determining liability in a premises liability case hinges on the property owner’s duty of care, which varies based on the visitor’s classification:

1. Invitees: These individuals are invited onto the property for commercial or business purposes, such as customers in a store or guests in a hotel. Property owners owe the highest duty of care to invitees, requiring them to regularly inspect the premises for hazards, promptly repair any dangers, and provide clear warnings of potential risks.
2. Licensees: These are social guests invited for non-commercial purposes, such as friends or family visiting a home. Property owners must warn licensees of known dangers but are not obligated to conduct regular inspections for their benefit.
3. Trespassers: Generally, property owners owe no duty of care to trespassers, except not to willfully harm them or set traps. However, there are exceptions, particularly for child trespassers. The attractive nuisance doctrine holds property owners liable if they have a dangerous condition on their property that is likely to attract children, such as a swimming pool, and fail to take adequate precautions to prevent children from accessing it.

Establishing the property owner’s duty of care and proving that they breached it is a critical step in a premises liability case. An experienced personal injury attorney can help navigate these complexities and build a strong case on your behalf.