Our Ocala slip and fall lawyers work with clients every day to evaluate their cases and pursue property owners who improperly maintain their land for compensation. To get started on your injury claim or discuss what legal options may be available, get a free consultation with our Ocala, FL slip & fall lawyer today.
According to the CDC, slips, trips, and falls are among the most common types of injuries. They can occur almost anywhere, and often with little warning. In fact, this lack of warning is what renders many property owners liable for accidents that happen on their land.
However, a properly pursued slip and fall case involves a complex legal analysis that needs to consider not just the facts that lead to the fall, but also the injured person’s reason for being on the land where the fall occurred.
Whenever a person enters someone else’s land, they expect to be protected from all foreseeable danger. While this is something that may be expected as a rule of courtesy, the law subjects this relationship between landowner and visitor to a little more scrutiny. Depending on why a visitor is there and the owner’s knowledge of their entrance, the visitor is assigned a category under premises liability law. Each category is given a different level of protection under the law. Here’s the difference between an invitee, licensee, and trespasser in Florida law:
As an Ocala slip-and-fall lawyer (like Gordon Glover) can explain, invitees are people who enter land for business purposes. Invitees are given the highest level of protection and must be afforded protections against any hazards that are known to the landowner.
For example, if a person enters a store in the mall during a rainy day, they may slip and fall on the accumulated water. The store’s owner has a legal duty to protect the shopper since the store is open to the general public. In addition, it is reasonable to expect the owner to realize that the rainy conditions may result in a slippery floor. In this scenario, the plaintiff may have a very strong slip-and-fall case in Ocala, FL.
Licensees are people invited onto land for a social visit, from whose presence the landowner derives no material gain. In Ocala, Florida, landowners must protect the visitor only from reckless exposure to danger. This is a much lower level of protection than typically given to licensees in other states.
A trespasser is anyone who enters onto land without an owner’s express permission. Even if a landowner knows that a person typically enters their land without the owner’s consent, that person is still trespassing.
As a side effect of their violating criminal law, trespassers are given almost no legal protection from slip and falls in Florida. They can only successfully bring a claim if they were injured due to an intentional act committed by the landowner. A prominent example of this might be an owner setting up a booby trap to harm any intruder on their property.
“Gordon is professional, patient, kind, and knowledgeable. From the first encounter I had with him, he was very kind and attentive. He was responsive throughout the entire process and consistently advocated for me. I would recommend him to anyone in need of legal counsel, as I had a very pleasant experience with him.”
By: April McDonald
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Jan 1, 2022
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Under the law, a person must have permission to be on someone else’s land if they are to allege that the landowner was negligent in their care for the property.
An Ocala, FL slip and fall lawyer can fully investigate all such accidents to determine your legal status, evaluate the landowner’s actions, and work towards achieving compensation to the full extent of your injuries. Whether you were injured in a slip-and-fall or trip-and-fall incident, contact us for a free consultation.
Not in Ocala? Get in touch with a slip and fall lawyer in The Villages, Sumter County slip and fall attorneys, Marion County slip and fall lawyers, Lake County slip and fall injury lawyers, or a lawyer in the many areas we serve.