Anytime you suffer an injury on property that belongs to someone else, you could have a premises liability claim. Premises liability is an area of law that holds property owners responsible for keeping their land and buildings safe for visitors.
A variety of situations that lead to injury could trigger premises liability. Anyone injured on someone else’s property should contact a local accident attorney immediately.
A Jupiter premises liability lawyer has a deep knowledge of the law and an understanding of the factors that influence settlements. With our skilled representation, you could receive appropriate compensation for your losses.
When is a Property Owner Liable?
Owners must keep their property reasonably safe, but their specific duties depend on the relationship between the injured person and the owner. Property owners operating businesses or facilities open to the public have the highest duty to keep their premises safe. A premises liability attorney in Jupiter could analyze the situation that caused the injury and determine whether a property owner breached a commitment to the injured person and is liable for their losses.
Someone who enters a property to do business or for the mutual benefit of the person and the owner is an invitee. The owner must regularly inspect the property to find potential hazards and repair them promptly to protect invitees. When an immediate repair is not feasible, the owner must warn invitees about the danger so they may avoid it.
A licensee enters a property with permission but for their own purposes. A social guest is a licensee, and so is a delivery person or salesperson. A property owner must warn a licensee of hazards they are unlikely to notice, but the owner has no duty to inspect the property to protect a licensee.
Florida Statutes § 768.075(3)(b) says property owners have no duty to protect anyone who enters their property without permission and are not liable for a trespasser’s injuries. However, they may not intentionally create a situation likely to harm an undiscovered trespasser, and an owner must warn a known trespasser of hazards the owner knows of but the trespasser is unlikely to observe.
There is an important exception regarding child trespassers called the attractive nuisance doctrine. When a property has a feature that might attract a child, such as a pool, treehouse, machinery, or shed, and the owner knows children are in the area and might trespass, the owner must prevent children from entering. An owner who fails to take appropriate measures could be liable when a child suffers an injury while trespassing.
What Situations Could Lead to a Premises Liability Claim?
The most common premises liability cases involve falls, but a property owner could be liable in various other situations. The requirement to maintain safe premises is far-reaching.
Apart from removing hazards that could cause a slip and fall, property owners have other duties to keep their premises safe. A Jupiter lawyer could file a premises liability claim in any of the following situations:
- Illness due to exposure to toxic substances in construction materials, finishes, or the ventilation system
- Drowning in a hotel or apartment complex swimming pool
- Building fire causing death or injury
- Elevator accident
- Assault or other crime on the premises
- Injury or illness due to bedbugs or rodents
Any injury an owner could have prevented had they taken a reasonable degree of care could form the basis of a premises liability claim.
Whatever circumstances led to the harm, an injured person should seek medical care immediately. A medical record generated soon after the incident is critical evidence linking the injury to the event on the owner’s premises.
Seek Legal Representation as Quickly as Possible
Statutes of limitation govern the timeframe for bringing a lawsuit. Anyone who does not file suit within the applicable time limit loses the right to sue. Typically, an injured person has two years to bring a lawsuit, but exceptions may apply to a specific case.
Schedule a Free Consultation with a Jupiter Attorney to Discuss Your Premises Liability Claim
When a property owner did not take reasonable steps to keep their property safe, and you suffered an injury as a result, hold them liable for their failure. You should not bear the burden of their carelessness. Schedule a no-obligation cost-free consultation with a Jupiter premises liability lawyer today. With our help, you could pursue compensation for your losses.