What Is A Premises Liability Case?
Common premises liability cases include injuries resulting from:
- Slip, trip, and fall accidents
- Falling store products
- Parking lot auto or pedestrian accidents
- Assault resulting from insufficient security or lighting
- Unsafe stairs, escalators or elevators
- Slippery floors
- Road construction accidents
- Lack of supervision accidents
- Swimming pool accidents
- Retail store accidents
Based on the reason the guest was on the property, property owners owe different levels of care. There are three classes of guests in the State of Florida.
Invitees: People who are invited onto the premises for the commercial benefit of the property owner. A common example is a customer at a store.
These guests are owed the highest level of care of the three classes. Property owners must inspect and fix their premises, as well as warn the invitees of any potential hazard. If property owners fail to inspect or warn, they may be liable for injuries caused as a result of a hazard on the premises that they should have been aware of.
Licensees: Social guests, such as family and friends. Licensees are invited to enter or remain on the property for noncommercial reasons.
Property owners owe licensees a lower standard of care than that of invitees. They can only be held liable for injuries caused by hazards they knew about, not those they should have known about.
Trespassers: People on the premises without permission.
Understandably, property owners owe a much lower standard of care to trespassers. The property owner is simply prohibited from intentionally installing hazards or traps on the premises in order to punish trespassers.
Who May Sue
Someone injured as a result of a premises liability situation may bring suit against the property owner. Depending on the situation, the managers at a store or the vendors who place products may also be liable. For rental property, in some cases, the landlord may be liable while in other cases, the tenant may be liable.
When You May Sue
The statute of limitations in Florida for premises liability claims is four years from the time of the injury. After that, the victim may be barred from seeking compensation. There are very few exceptions to this rule, so it is best to consult with an attorney as soon as possible to protect your legal rights.
The victim in a premises liability case may be awarded monetary compensation as a result of his or her injuries. This monetary compensation may include current and future medical bills, lost wages and lost future earning capacity, and physical and mental pain and suffering.
Contact Us Today
Consulting with an experienced attorney after a personal injury can be very helpful. The attorneys at Eastmoore Crauwels & DuBose can evaluate your claim and help you understand your options. Call us today at 941-757-3327 or schedule a free consultation.