Premises Liability in Florida

Examining Miami Premises Liability Laws

According to Florida Code §768.075, premises liability is an area of the law that holds property owners responsible for providing a safe and secure environment for their visitors. This includes those who maintain commercial property, as well as those who own a residential home. While they can only be expected to take reasonable steps to ensure a safe environment, they must also uphold a "duty of care" to their visitors - meaning that they must follow the proper building codes, post necessary warning sides, remove any blatantly hazardous conditions when they arise, etc. Should they fail to do so, the injured party can choose to bring a lawsuit against the property owner on the basis of negligence - which would allow them to recover damages for the economic and non-economic losses that they have suffered.

The Difference Between Invitees, Licensees & Trespassers

In the state of Florida, all property owners must accept the responsibility of keeping their visitors reasonably safe when they have invited them into the building. It also remains, however, that they cannot be expected to look out for the personal safety of those who have entered onto the property unlawfully. This group of individuals would be classified as "trespassers," as they would not be afforded the same rights as an invitee or licensee in the event of an injury. Simply defined, an "invitee" is someone who has been allowed onto the property for business or commercial reasons - which could include, for example, the customers at a grocery store. "Licensees" on the other hand, are those who have been invited onto the premises for non-commercial reasons - which could include, for example a homeowner's dinner guests.

Common Types of Property-Related Accidents

When a negligent property owner fails to conduct routine maintenance, remedy dangerous conditions and/or follow the proper building codes, there is an increased likelihood that someone could be injured. Accidents can happen under a number of different circumstances, so it is important for all responsible parties to take their duties seriously. Not only should they do so under a moral context, but they must also be aware of the potential consequences that they could face. If, for example, they had noticed a slippery substance on the floor but they made no effort to clean it up, they could be held accountable for providing the victim of a subsequent accident with damages. This would also be true in any of the following situations:

  • Failing to fix an uneven walking surface
  • Failing to provide adequate lighting
  • Failing to secure floor mats or rugs
  • Failing to supervise children swimming in a pool
  • Failing to clean up a puddle of water, ice or snow
  • Failing to clear away debris in a walkway

Injured in a preventable accident? We can help!

If you or a loved one has been involved in a serious accident on someone else's property, you may be entitled to compensation. By involving a Miami injury attorney from Seltzer Law, PA as soon as possible, you can get started on pursuing the damages that you deserve. Premises liability claims can be quite complex, however - as there are a number of different factors that must be addressed - so it is highly recommended that you do not attempt to navigate this process alone. Our firm can put our many years of legal experience to work for you as soon as you give us a call, so do not hesitate to get started today. We are available 24 hours a day, 7 days a week when you call at 1-888-843-3333 or submit a free case evaluation form online.

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