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Protecting Your Rights

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Premises Liability

Florida Premise Liability Lawyer

Premises liability includes any injury that is sustained on another person’s property. One of the most common premise liability claims is a slip and fall injury. Premises liability involves many types of claims other than just slip and fall or trip and fall accidents. Injuries may occur in a number of locations such as a parking lot, retail store, school, shopping mall, supermarket, restaurant, convenience store, etc.

Premises liability injuries may include broken bones or fractures, sprains and strains, herniated discs requiring surgery, scarring, neck and back musculoskeletal injuries as well as spinal cord or head injuries.

Under Florida law both the owner and occupier of property may be legally responsible for accidents and injuries that occur on that property. The liability of owners and occupiers of property varies and is dependent on the facts of each case. Focus is placed on the status of the injury victim and on the condition of the property causing the accident. Florida law places the burden of proof on the injury victim to prove that the landowner or occupier committed negligence which caused their injury.

There are the three categories that define the status of the visitor to the property:

  • Invitee- someone who is invited onto the property of another, such as a customer in a store.
  • Social guest/Licensee – A licensee visits the property for his own purpose, or as a social guest, and is present at the consent of the owner
  • Trespasser – This is someone who enters the property without any right or consent to do so.

Children, depending on their age, are not always capable of judging a dangerous situation and if the property owner maintains a dangerous condition which could be expected to attract a child then the property owner may be liable if the child is injured even though the child may be trespassing.

The legal duty of the landowner to protect you from injury varies according to whether you are an invitee, licensee or trespasser. Attorney Joe McIntyre at FloridaInjuryLawyer.com can help you determine what legal rights you possessed at the time of your injury.

If you have been a victim of a premises liability accident and believe that the owner did not take the proper and necessary precautions to ensure a safe environment, you should contact our law office for more information. Florida has complicated laws about premises liability and it may benefit you to have a professional working for you to ensure that you understand your rights under Florida law.

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