If you were injured while on someone else’s property, you may be able to collect compensation if your injury resulted from that person’s failure to uphold their legal duty. An Orlando premises liability lawyer who is well-versed in the laws governing liability in these claims could evaluate your potential case and whether you may be owed damages. It is vital to consult with a qualified personal injury attorney who could explain your rights and options to pursue financial recovery.
There are several types of accidents that fall under the category of a premises liability claim. These include trip and falls, slip and falls, animal attacks, escalator incidents, and collapsing stairway incidents. Other types of premises liability cases involve faulty elevators, parking lot incidents, and negligent security accidents.
Florida law separates individuals who visit a property into three categories — licensees, invitees, and trespassers. It is critical to understand the differences involved in each classification, as the legal duty owed by the property owner to each type of visitor varies. An attorney in Orlando could help someone better understand how these laws could impact their premises liability claim.
A licensee is an individual who the owner has authorized to be on the property. Licensees are on the premises to enjoy some form of personal benefit. For instance, a friend of the family visiting the property owner would be considered a licensee.
The owner owes a licensee a legal duty to take reasonable care to keep the premises free from hazards and to take care of any hazardous elements on the property. Also, the owner must tell the licensee about any hazards that they are aware of.
A property owner owes the most significant legal duty to an invitee, such as a patron at a restaurant. The distinguishing factor between invitees and licensees is that invitees are on the property for the owner’s benefit, while licensees are on the premises for their own sake. The invitee may have been directly invited to enter the premises, or the invitation may have been insinuated.
As part of a property owner’s legal duty to invitees, the owner must not only ensure the premises are free from hazards and fix any hazards known to them, but they must also habitually check for conditions that would pose a risk of injury.
An owner owes the least duty to trespassers. Trespassers are on the property without the permission of the owner. In most cases, the only legal duty the owner owes a trespasser is to refrain from purposefully hurting them.
However, if the property owner learns that the trespasser is on the premises, their duty is slightly elevated, and they must use reasonable care to keep the trespasser free from injury. If the owner knows that the trespasser is on the premises, they must tell the trespasser of any hazards they know about that exist on the property (see Florida Statutes § 768.075).
Florida law requires that a premises liability case be filed within four years of the date the incident happens. So, the injured party has four years to get their case started or else miss out on compensation altogether. An Orlando premises liability attorney could assist with filing a prompt claim.
Premises liability accidents frequently result in injuries such as broken bones, head trauma, ruptured discs, neck injuries, and spinal cord injuries. A premises liability claimant could collect compensation for their past and future lost wages, past and future medical expenses, loss of consortium, loss of life enjoyment, disability, pain, suffering, emotional distress, and mental anguish. Depending on the extent of the property owner’s negligence, the court may also grant the claimant punitive damages.
An Orlando premises liability lawyer investigate how your accident happened and help you determine whether you may be entitled to compensation. An attorney could offer sound guidance and walk you through all stages of the legal process.
Call now to discuss your claim with an Orlando attorney.
