A Victim of Negligence?

Stairs with The essential concept behind the term ‘premises liability’ is that the party in charge of keeping a property safe for use should pay for any damages that happen because they failed to fulfill that obligation. There are some reasons why this standard may not apply, however. The most common is trespassing; if you were not allowed to be on the property in the first place, the owner will likely not be held responsible for injuries you may have suffered.

CATEGORIES OF PREMISES VISITORS

Florida law recognizes three types of visitors:

  • Invitees are divided into ‘Public’ and ‘Business’ invitees but essentially consist of anyone who is invited onto the property who the property owner, manager or lessee is responsible for.
  • Licensees are divided into ‘Invited’ and ‘Uninvited,’ but essentially consist of anyone who comes onto your property without an explicit invitation, but is not a trespasser, such as a social guest or someone who is exploring, turning their car around in your driveway, etc.
  • Trespassers, as mentioned earlier, are those who are not allowed to be on the property and enjoy the least amount of legal protection should they become injured.

THE TWO REALMS OF RESPONSIBILITY

There are two levels of ‘duty of care’ Florida law insists that responsible parties maintain:

  • For Invitees & Invited Licensees, the duty of care consists of keeping the property safe, warning the guests of those dangers that cannot be entirely prevented, and, importantly, protecting guests from foreseeable crimes.
  • For Uninvited Licensees & Trespassers, the duty of care consists of not willfully or wantonly harming the guests, which includes removing any known traps that may cause injury to an uninvited licensee or trespasser.

"FORESEEABLE CRIMES"

One of the most difficult forms of premises liability involves a victim who is injured by a criminal while on a third party’s property. If that third party could have reasonably foreseen the crime and could have reasonably done something to prevent the crime, Florida law does allow the victim to pursue damages against the responsible party.

Premises liability cases can be highly complex and it can be difficult to prove that the premises owner is at fault for an injury. If you or a loved one has suffered harm to the property of another party, it is important to speak with an experienced personal injury lawyer, so you understand your rights and options. For a free consultation with Attorney Joseph C. Miller, P.A., contact our office today at (904) 358-2020.

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