Boca Raton Premises Liability Attorney
Premises liability refers to the responsibility for an injury that occurs on someone’s property, whether it is a residence, business, park, or any other land or building. Premises liability often arises after someone slips or trips and falls, resulting in injury. There are other forms of accidents resulting in premises liability, however, including defective flooring, buildings out of code compliance, falling debris, broken gates, doors, or railings, hidden dangerous conditions, and injuries or death from crime committed by others, among other things.
Unsafe properties injured untold numbers of people every year. These victims are often invited onto the property to do business or to socialize as guests. Unfortunately, property owners too often fail to take the necessary steps to ensure their properties are reasonably safe. As a result, innocent people get hurt. If you suffered an accident on someone’s property, you might have a premises liability case. At Hersh Kirtman Injury Law, our legal team has brought claims for clients injured in a variety of accidents. Please reach out to our Boca Raton premises liability attorney today to learn how we can help.
Keeping Property Safe
Under Florida law, those who own, control, or occupy property owe certain duties to the public. Generally, property owners and managers must keep their homes, business, and other properties reasonably safe for patrons and visitors. These duties often require that the owner or manager fix or warn about hazards so that visitors are not hurt.
The scope of the duties owed by a landowner depends on the injured person’s status on the land, meaning why they were there. People who enter another’s land fall into one of three categories: invitees, licensees, or trespassers.
Invitees. Invitees are owed the highest level of care under Florida law. They are categorized as either public invitees or private invitees. Public invitees are members of the public invited onto property that is held open to the public. Private invitees, or business invitees, are people invited to enter or remain on property to do business with the owner or possessor of the property. A classic example of an invitee is someone injured in a store while shopping. Duties Owed to Invitees. A person or entity that owns, occupies or controls property owes two duties to invitees: (1) an affirmative duty to keep the property in a reasonably safe condition and to protect invitees from dangers of which the owner, occupier, or controller is or should be aware; and (2) a duty to warn of hidden defects or dangers of which the owner/operator knew or reasonably should have known.
Licensees. There are two kinds of licensees: invited and uninvited. An invited licensee is a person who is invited onto property, either expressly or impliedly. A social guest coming to visit is an example of an invited licensee. Uninvited licensees are people who enter property for their own personal convenience or purpose without invitation, either express or implied. They are neither invited nor forbidden; rather, they are merely tolerated by the landowner. Examples of uninvited licensees include salespeople who unexpectedly enter property to sell goods or services, or someone who enters an office building looking for a phone to make a personal call. Duties Owed to Licensees. Invited licensees are owed the same duties as invitees, including an affirmative duty to maintain the premises and to warn of hidden dangers that are known or should be known. Uninvited licensees are owed a lesser duty. Landowners, and those who control or manage property, owe uninvited licensees a duty to refrain from willful misconduct, wanton negligence, or intentional harm. They must also warn of known, concealed dangers. They do not have an affirmative duty to keep their property safe for uninvited licensees.
Trespassers. Someone who enters property without permission, or who stays after being asked to leave, is a trespasser. Owners/occupiers generally owe trespassers no duty of care. Florida law includes a statute addressing the liability to trespassers, Florida Statute § 768.075. The law distinguishes between discovered and undiscovered trespassers and explains that a landowner/controller is not liable for any civil damages for the death or injury to any discovered and undiscovered trespasser except as otherwise allowed for in the statute. Under the law, landowners/controllers must refrain from (1) intentional misconduct that proximately causes injury to an undiscovered trespasser, and (2) gross negligence or intentional misconduct that proximately causes injury to a discovered trespasser. They must also warn discovered trespassers of known concealed hazards. Special rules apply to children who enter property due to an attractive nuisance, such as a swimming pool.
Premises Liability Cases We Have Handled
Our firm has helped men, women, and children injured in a variety of premises liability accidents. Our experience is deep and includes assisting people hurt in the most common types of property accidents:
- Slip and falls
- Trip and falls
- Storefront crashes
- Poor maintenance
- Elevator accidents
- Swimming pool and hot tub accidents
- Inadequate security leading to serious injury or death
- Shopping mall accidents
- Grocery store accidents
- Falling merchandise
- Toxic chemical exposure
If you were hurt while on someone’s premises, contact us. We will review your case to determine whether we can help you obtain compensation from the owner, operator or manager of the property for the harm they caused you. Not all premises liability claims are the same. For example, someone hurt on public property must meet special deadlines that only apply when pursuing claims against a government entity. The sooner you contact us, the better we can protect your rights.
Speak with Our Boca Raton Premises Liability Attorney Today!
Premises liability accidents cause pain and inconvenience to those who are harmed by negligent property owners. Please contact Hersh Kirtman Injury Law today for a free consultation to see how we can help you with your premises liability case.