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Premises liability is when a property owner or manager is responsible for harm suffered by visitors to that property. If you have suffered injuries on property owned by another person or company, consult a Miami premises liability lawyer for advice about your potential for recovery. A personal injury lawyer familiar with injury cases one someone else’s property may help you receive compensation to cover medical expenses, and consequences such as pain and lost wages.
All property owners owe certain duties to people who enter their land. The extent of care owed depends on the reason that guest is on the property.
If someone is trespassing, the property owner usually does not have a duty to protect them from dangerous conditions on the property. However, when the property contains something that could attract the interest of children, the law imposes a duty to take appropriate actions to protect those children from foreseeable danger. For example, a swimming pool could entice children to enter a property without permission and the pool may be a drowning hazard. Accordingly, if a property owner fails to take adequate measures to keep children away from an attractive nuisance, the owner might be held liable if for a child’s injuries.
A Miami premises liability lawyer could argue that someone injured on a property either was not trespassing or was irresistibly attracted to something on the property. Fla. Stat. §823.08 specifies that discarded airtight containers such as refrigerators will be considered attractive nuisances unless the doors have been removed.
A property owner’s duty to protect guests increases substantially if the person is invited onto the premises. If an individual is invited onto a property for business purposes benefiting the property owner, the owner owes the highest duty of care to that person. When a business opens and advertises for customers, they are implicitly inviting people onto their property. Proprietors owe a duty to protect invitees from known hazards and inspect the premises for any new hazardous conditions.
Guests invited for social purposes, or those who come for their benefit rather than that of the property owner are not owed the same standard of care. Social visitors or others who are not business invitees must be protected from known dangers on the property, though the owner is not required to inspect for hazards.
An experienced Miami premises liability owner could help to determine the status of the injured party and therefore the duty of cared owed to them, which are necessary steps in evaluating whether a premises liability action may be legally compensable.
Dangerous conditions on property that are the result of negligence or neglect cause serious injuries in Miami every day. If the harm could have been prevented if the property owner had lived up to their legal obligations, that property owner should be held accountable.
If you or a loved one suffered injuries on someone else’s property, talk to a knowledgeable Miami premises liability lawyer before answering questions from investigators and insurance companies. In many cases, they may try to trick victims into saying something that could interfere with your right to recover compensation for your injuries.
You may be entitled to damages for your pain and suffering, lost or reduced income, medical needs, and more. To learn how to protect your rights and seek justice for your injuries, contact a lawyer today and schedule a case consultation.