Property owners are required by law to maintain their premises in a safe condition. When a person is injured on the land or premises of another, the law of premises liability determines how they are compensated. The potentially liable party can be a store owner, factory owner, homeowner, or just about anyone who owns land or structures on land. In general, a premises owner of either residential or commercial property is responsible to be aware of and eliminate dangerous conditions on their property. Since business owners aggressively attract consumers to their property, they are often held to higher standards.
In most cases, a person injured on someone else’s residential or commercial property must prove that a dangerous condition was the cause of the accident, and the owner or possessor of the property knew or should have known about the hazardous condition. The law determines whether the owner or occupier of property was negligent by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
Premises liability laws are complex and often confusing. Call 904-309-6500 today to speak directly with a Jacksonville premises liability lawyer at Spohrer Dodd Trial Attorneys about the specifics of your claim.
The laws of premises liability apply for persons invited onto the property for business or personal reasons, and also extend protection to other visitors, even trespassers. A residential or commercial property owner can rarely succeed in claiming ignorance of a dangerous condition.
The concept of “foreseeability” is central to most premises liability suits filed in Florida. This means that a property owner must pay close attention to any safety issues on their property that may result in injuries to lawful guests, visitors, or customers.
When a property owner sees anything that may potentially result in harm to someone else, they have certain legal requirements. First, they must fix the problem effectively, ensuring it no longer poses a safety concern. Alternatively, they can place visible warning signs around the safety hazard, so guests and other lawful visitors are fully aware of it when they come close to it. Property owners may also issue explicit verbal warnings to lawful visitors, warning them of known safety issues they might encounter on the property.
It is important to note that Florida’s premises liability laws only apply to lawful guests and visitors or those with the property owner’s express or implied permission to enter their property. Therefore, property owners typically do not face liability for injuries that intruders and trespassers sustain on their property.
If you invite someone into your home who suffers an injury because of a safety issue you neglected to fix, you would be liable for this injury. However, if someone broke into your home without your permission and hurt themselves, they could not file a premises liability complaint against you because they were not lawfully present on your property.
Many of the premises liability claims filed in Florida pertain to unreasonably dangerous structural issues or failure to address recognizable safety hazards. Some of the dangerous conditions seen in residential and commercial premises include:
If you or someone you love recently had an injury on someone else’s property, and you think it happened because of the property owner’s negligence, a Jacksonville premises liability attorney is the best resource to consult to determine your best options for legal recourse. If you choose Spohrer Dodd Trial Attorneys to represent you, our team will carefully review your legal options and help ensure that your case meets the legal definition of a premises liability claim.
A premises liability suit is a type of personal injury claim, so Florida’s personal injury statutes apply to the various forms of compensation a plaintiff can expect for their injury. Your Jacksonville premises liability attorney will be invaluable when gathering the proof you need to prove a property owner is liable for your injury. They will also provide critical guidance regarding the compensation you can secure for your claim.
Like any other personal injury suit, a premises liability claim enables the plaintiff to seek full compensation for their economic losses. These are often easy to prove with the appropriate documentation and can include:
Beyond these economic damages, Florida law enables a personal injury victim to seek compensation for their pain and suffering. If they sustained any injury resulting in a permanent physical disability, permanently reduced earning capacity, or diminished quality of life, their pain and suffering compensation could be the most substantial portion of their total recovery.
When you choose Spohrer Dodd Trial Attorneys to represent you in a premises liability claim in Jacksonville, you will have readily available legal counsel to support you when you need it most. Our firm has extensive experience with multifaceted premises liability claims, and we know the challenges plaintiffs will likely face in their proceedings. Because of this, our representation can ensure you are equipped to handle the unique challenges your own case presents, and our goal is maximum compensation for our client in every case we accept.
Our team of attorneys is well-versed in the law relating to premises, construction, and industrial injuries, as well as OSHA (Occupational Safety & Health Administration) and other safety regulations, such as building codes. We also have the skill, experience and resources to thoroughly investigate each circumstance and uncover the base cause of an accident or injury.
One example of our firm’s outstanding record in cases of this nature is the circumstance where a jury awarded our client $3,675,000 in compensation for the permanent injuries they sustained due to unsafe conditions at a Kmart store.