West Palm Beach Premises Liability Attorney
"Premises Liability" refers to accidents that occur due to the negligent maintenance, operation or design of a property owned by someone other than the accident victim. This includes claims against a landlord on behalf of a tenant or against the landowner for injuries suffered by an individual who was lawfully on the property.
The term "Premises Liability" encompasses a wide range of events that cause injury and may give rise to liability. For example, a slip and fall due to a wet or defective floor may be actionable against a landowner or a landlord. Other examples include claims for inadequate security, lighting or the failure to properly maintain railings, porches or stairs. These are examples of premises liability actions. Each set of facts giving rise to an injury on a premises must be individually evaluated.
Whether an individual can recover damages because they were injured on another’s property depends on the type of property they were injured on. For example, the property owner of a business or other type of establishment, open to the public, owes a much higher duty to individuals on the property than private landowner who has invited guests to a private residence. The business property owner must inspect and maintain the property and warn of and repair any hazards. The fact that a hazard is obvious is not necessarily a bar to recovery, if it can be determined that the business owner acted unreasonably in not repairing, warning, or removing the hazard. This is the duty owed to persons referred to as invitees.
If the property was other than an establishment open to the public, the duty of care is lessened, but still requires that the property owner warn guests of non-obvious hazards that could forseeably cause harm. In these situations the individual on the property is known as a licensee.
The last category of persons are individuals who enter premises without invitation. These people are known as trespassers. The duty of care to trespassers is generally lower. However, some exceptions to the lower duty include if the owner creates hazards on the land, intentionally or unintentionally. Additionally, if it is known that trespassers frequent an area the duty of care on the land lord is increased. This is especially true if the trespassers are under the age of 18.
If you or your loved one has been injured because of the negligence of a landowner or caretaker, contact the top premises liability lawyer in South Florida. Our expert West Palm Beach slip and fall attorney, William E. Johnson, can help put you on the road to recovery. Schedule a free consultation today by calling 561-832-4848 or request a consultation online. We serve West Palm Beach and all of South Florida.