Premises liability stems from the idea that a property owner owes a duty of care to anyone they invite on to their property. This rule can be applied to stores, restaurants, hospitals, and any other property where it is either explicit or implied that the owner is inviting you in. If the property owner breaches their duty to protect you, they could be found liable for any damage that occurred on their premises as a result of their negligence or carelessness.
If you have suffered injuries due to a property owner’s negligence, contact a Leesburg premises liability lawyer as soon as possible. A qualified personal injury attorney could evaluate the specific facts of your case and help you pursue the compensation you deserve.
Civil cases involving premises liability generally have a common central argument: the injuries sustained by the plaintiff stemmed from a property owner’s negligence or their failure to keep the property safe. Under Florida Statutes §768.0755(1), the individual must prove that:
Generally, property owners will not be held liable for any injuries sustained on their property if they had no knowledge—actual or constructive—of the dangerous condition. Furthermore, individuals legally entering someone else’s property always retain the duty to exercise reasonable care on their own behalf.
The law in Leesburg recognizes three different types of individuals/visitors for the purposes of establishing premises liability, business invitees, licensees, and trespassers. A Leesburg premises liability lawyer could establish that the property owner did not meet the standard of care they were supposed to, based on an individual’s status.
The highest duty of care is assigned to individuals a business invites onto their property, such as store customers. Property owners are required to maintain safe property conditions and must either repair or provide notice of any dangerous conditions.
They are also obligated to inspect the premises on a regular basis, and failure to do so will not limit their liability even if they did not know about the dangerous condition. As long as they should have known about it because of their duty to perform regular inspections, they could be held liable for any injuries sustained on the premises.
Similar to business invitees, property owners also owe a duty of care—albeit a less strict one—to licensees. Licensees are people who enter property solely for social purposes, such as dinner guests, friends, or family visiting someone’s private residence. In order to satisfy their duty of care to licensees, property owners must maintain their premises in a reasonably safe manner and repair any known dangerous conditions.
Property owners still owe a duty of care to individuals who enter their property illegally, such as trespassers. However, this duty is very limited and only includes the obligation to prevent intentional or reckless injury. For instance, if a property owner set up any kind of trap or tripwire to deter trespassing, they could be held liable for any injuries sustained to a trespasser.
It should be noted that once a property owner discovers that an individual has been trespassing on their property, their level of required care rises. At this point, they must warn the trespasser of any known dangerous conditions that are not reasonably detectable.
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If you were injured as a result of a property owner’s negligence, a seasoned Leesburg premises liability lawyer at Glover Law Firm could analyze your case and determine if you are entitled to any compensation. Time may of the essence, so do not delay; call now to schedule an initial consultation and get started on your case.