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Premises liability claims have to deal with the negligence of property owners or tenants of a property. Under Florida law, property owners and individuals are responsible for maintaining a safe environment for their guests and customers and ensuring there are no dangerous conditions.
Premises liability laws were created to enforce safe environments for customers and visitors. They hold property owners liable for dangerous conditions that could be prevented. Not all injuries on a person’s property, however, are automatically premises liability cases; instead, you must first prove several facts.
Types of Land Occupiers
Three types of land occupiers can include:
- An Invitee – This person is allowed to be on the property and has express permission from the owner or company – such as a guest in your house or a customer in your business.
- Licensee – This person enters the property with permission of the landowner, but not usually for business purposes.
- Trespasser – This is a person that is on the property without permission and has no right to be on the property.
Under tort laws, invitees and licensees have the right to file a premises liability case, but a trespasser often does not. If you were not invited or welcomed on the property and you were injured, then you may not have a valid personal injury claim, unless there is intentional or reckless action.
Common Types of Premises Liability Cases
There are a variety of ways a person can be injured on the property of someone else. These premises liability claims can also occur on just about any type of property, including:
- A person’s house
- Clothing retailer
- Construction site
Some of the most common types of premise liability claims seen in Florida courts include:
- Slip and fall injuries
- Falling ceilings
- Negligent security
- Elevator or escalator failures and injuries
- Unsafe structures
- Unsafe walkways
- Construction site accidents
- Poisonous substance exposure
- Fire or smoke
- Amusement park or recreational facility accidents
- Poor store maintenance
Injuring yourself on the property of someone else is not enough to file a premises liability claim; instead, you must prove that:
- The owner knew about the potential risk
- The owner failed to take care of that potential hazard
- You were injured because of their failure to act
- Your injury led to damages
What to do if You Are Injured on Someone’s Property
If you are injured on a person’s property – whether from a slip and fall or other reason – there are actions you should take to preserve your case and help prove your claim later on. These include:
- Inspecting the area to find the source. If you slipped on a sidewalk, what caused you to slip and fall? Also, was there a sign indicating that you should use caution in the area? If so, then you may be at fault for your injury rather than the property owner.
- Get witness statements (if possible). Make sure you write down their names and contact information so that a personal injury attorney can help you gather witness statements later on.
- Record the details of the accident. Be sure to include the time and date, what you were doing at the time you were injured, who was on duty, and any statements made by the property owner.
- Contact a slip & fall injury lawyer right away. Because you have limited time to file your injury claim, the sooner you contact a Jacksonville Premises Liability Attorney, the better your chances for maximum compensation.
Contact Our Team of Jacksonville Premises Liability Attorneys Today
If you or a loved one was injured in a slip and fall or other premises liability-type injury, contact our team of Premises Liability Attorneys in Jacksonville at Hardesty, Tyde & Ashton, P. A. today. We offer free consultations and we can evaluate your case to determine if you have a valid claim.
Call us now to get started and meet with us at one of our two convenient Jacksonville locations.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)