It may be legally possible to recover compensation for damages resulting from an injury on someone’s property with the help of a St. Petersburg premises liability attorney. Proving premises liability in Florida requires demonstrating a property owner’s liability for injury and damages. Below, we examine the premises liability laws in Florida and your right to compensation.
What is Florida Premises Liability?
Florida law requires property owners to demonstrate a duty of care to individuals who access their property by providing reasonably safe conditions. Failing to maintain properties such as homes, businesses, hotels, or rental spaces may lead to property owners’, managers’, or corporate entities’ liability for negligence for failing to address a risk or provide warning of a reasonably foreseeable risk.
What Are the Visitor Classifications Under Florida Premises Liability Laws?
Determining the duty of care a property owner owes you is based on the category of visitor you fall under. Visitor classifications include:
Invitees: Individuals accessing a property to do business. Invitees may include store customers, restaurant patrons, or hotel or Airbnb occupants, who deserve the highest duty of care. Property owners should regularly inspect properties, address known issues, and warn of potential risks.
Licensees: People with an owner’s permission to visit a property for social purposes. Licensees may include friends, family members, or acquaintances with implied or explicit consent. Property owners should warn licensees of known dangers.
Trespassers: Individuals who access a property without an owner’s consent. Property owners owe a minimal duty of care to trespassers. However, intentional harmful acts or setting traps to injure trespassers may make an owner liable for a trespasser’s injuries.
Your classification as a visitor to a property in Florida will help determine an owner’s liability for your injuries.
Do Premises Liability Laws Apply to Children?
Children may not grasp the dangers that particular objects present. Property owners who fail to take safety measures to prevent access to areas or objects that pose a threat or are an attractive nuisance to children may be liable for a child’s injuries, even if they access a property without permission. These objects may include trampolines, pools, and even discarded appliances, such as the following:
Washers and dryers
Deep freezers and refrigerators
Iceboxes
Similar abandoned or discarded units
Reasonable action is always necessary to protect children from injury. Fences, locked gates, and other proactive measures to address attractive nuisances are measures property owners can implement to protect against liability.
What Are Common Premises Liability Cases in Florida?
Hotels, condos, Airbnbs, restaurants, and retail stores are typical scenes of accidents resulting from premises liability. You may recover compensation for your injuries sustained in these and other incidents:
Proving premises liability is complex but possible with experienced legal representation. Inadequate maintenance, food and drink spills, and falling merchandise can all lead to unsafe conditions that result in injury and damage.
Can I Be Responsible for My Injuries and Still Receive Compensation?
You may still recover damages if you are partially at fault for your injuries. Florida’s comparative negligence laws allow assigning proportionate responsibility for fault in a premises liability claim.
Insurance companies play a crucial role in determining fault percentages in premises liability claims. Ultimately, it is up to you and your St. Petersburg injury attorney to combat strategies insurance companies use to deny or devalue claims. To schedule a free consultation with our team, contact us now.
