In Florida, there are several aspects of the law that relate to liability. Broadly speaking, liability means a person or party is obligated or responsible for an event, often one resulting in injury or some type of harm. You’ve likely heard liability in relation to automobile accidents, workplace injuries, or medical malpractice. Liability also applies to homes and businesses under the concept of premises liability. If you are injured in a home or commercial location due to the negligence of the owner, then you should file a premesis liability claim. Premises liability has traits that make it unique under the law and here is a broader overview of the concept and what it entails.
Premises Liability Defined
Premises liability as a concept states that both home and business owners are liable for injuries that occur on their property. No matter the property type (store, private home, etc) there is a duty of care that is understood between the owner and all visitors. Visitors can be defined in three different ways, each with different expectations. Invitees are invited to a location and are expected to be there, licensees are not directly invited but are allowed to be there, such as a sales representative, and trespassers who have no permission implied or otherwise. While a property owner owes a duty of care to invitees and licensees, those trespassing, in general, are not covered by a duty of care.
Premises Liability Compared to General Liability
The key factor that separates premises liability from general liability is that premises liability rests on the question should the property owner have known there was a danger. This can include things like not making proper repairs or knowing of potential danger but not informing visitors about this fact. Specific examples also include not having a wet floor sign in a store after a spill, broken lights in a parking lot, faulty stairs or steps, and so on.
Comparative Negligence
One key reason why an attorney is needed in a premises liability case is the concept of comparative negligence. To simplify, comparative negligence is how at fault you are for what happened. A counter-argument in premises liability cases is how negligent the injured party was in their behavior or actions. A dangerous situation in many cases can be obvious and only go unnoticed due to negligence on the injured party’s part. This diminishes both the claim’s value and any compensation that may be awarded. Often, comparative negligence is argued as not paying attention to one’s surroundings. It is because of these precise counterarguments that hiring an experienced attorney is so essential.
Why You Should Hire An Attorney
Premises liability cases can be complex, and you need a lawyer to ensure your case is filled correctly. This includes the collection of evidence, proper presentation of the facts before the legal system, and ensuring the proper parties are held liable. For example, a common issue when you’ve been injured in a store knowing who can be held liable. This can be harder than it appeared as the company may be a renter and not own the property. This is just one area where a lawyer will assist you in seeing your case through properly and helping you get the compensation you are due.
