Florida Slip and Fall Lawyer Defines Premises Liability
Posted by
Staff WriterNovember 01, 2005 4:07 PMTags:
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Premises liability deals with an injury that is sustained on property owned by another and the duty that owner has to maintain their property or building. Florida does not have a specific body of law that addresses premises liability. While there are some odd statutes regarding some obscure situations, Florida looks to common law for liability due to injury on another's property. For this we would look to general negligence and the owner's duty of care.
Typically the owner of property has the duty of care to maintain the premises in a safe condition. If that person fails to maintain the property then they may be liable if a person is injured due to their negligence. This may apply to owners of commercial property, private residences, vacant lots, and businesses just to name a few. If there is something that the landowner knows about but may not be obvious to the visitor the landowner has a duty to warn. When the landowner invites a member of the public on to their land as a guest or patron he has a duty to that person to maintain a safe environment.
The typical scenario is the owner of a store who has a piece of carpet that is sticking up. Though he knows of this hazard, he has done nothing to repair it, and the unsuspecting customer comes along trips and is injured. This creates liability on the part of the customer. This applies to slip and fall or any other injury received on someone else's property due to their negligence.
There are a few things to bear in mind regarding premises liability. Landowners are generally not responsible for injuries to trespassers, though there may be a few exceptions. The law also breaks down visitors to property into different groups and treats each of these groups differently. Some of these include customers (invitees), social guests (licensees), and trespassers. Lastly the plaintiff typically has the burden to prove that the defendant failed to exercise reasonable care, thereby causing the injury.
In Florida the law limits the amount of time you have to file a claim against the person, place or thing, which has injured you. Protect your right to recovery by contacting an attorney and holding those liable for your injury responsible for their actions.