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It can be frustrating for an individual when they are injured on someone else’s property, especially when the injury could have been prevented. Under Florida’s premises liability law, the property owner can be held responsible, but it is often a complicated and lengthy process.
Individuals must understand the different terms of Florida premises liability law, prove that the owner of the property was negligent, and file the claim within a certain time-period.
Due to the complexity of these cases, it is advised that anyone filing a premises liability claim work with a personal injury lawyer to help them with their case. Kogan & DiSalvo can help you protect your rights and pursue the compensation you deserve. Contact our Boca Raton premises liability lawyers for free today, or call us at (561) 375-9500.
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Invitees, Licensees, and Trespassers
Whether an individual can file a premises liability case will depend on their purpose for visiting the property. Under Florida law, visitors to a property are categorized as invitees, licensees, or trespassers.
- Invitees- Invitees are individuals that have been invited onto the owner’s property and have permission to be there, whether it is implied or direct. Invitees typically include friends, relatives, and neighbors. In these cases, the owner of the property has a duty of care to make sure the property is safe for visiting.
- Licensees- Licensees also have permission to be on the property, but they are different from invitees because licensees are typically on the property for their own purposes. Licensees often include salespeople and delivery people. Even though licensees are on the property for their own benefit, the owner of the property still has a certain duty of care to keep the property safe for those entering onto it.
- Trespassers- Of course, trespassers are individuals who are on the property illegally, and without the property owner’s permission. Typically, the property owner does not have any duty of care to trespassers and cannot be held liable for any injuries they sustain while trespassing. There are some caveats to this, such as children that trespass on the property. In some cases, the property owner can be responsible for keeping these trespassers safe.
Determining whether visitors to a property are invitees, licensees, or trespassers can be confusing for some. A qualified premises liability lawyer in Boca Raton can help determine what category a visitor falls into.
What Are Some Types of Premises Liability Cases?
Slip and falls are some of the most common causes of premises liability cases, but they certainly are not the only ones. Improper security, swimming pool accidents, and needed maintenance that has been neglected are all also common cases of premises liability.
In Florida, there is another case of premises liability known as attractive nuisances. In these cases, an item on the property may be attractive to children, but they are not properly secured or maintained.
For instance, if there was a swimming pool on the property that did not have a gate or fence around it, and a child wandered onto the property and got hurt, the owner could be held liable for any injuries.
Proving Premises Liability
Not every injury is a case for premises liability, even if the injury occurred on someone else’s property. To prove a premises liability, an individual must be able to prove four things:
- The defendant (owner of the property) was the owner, occupant, or lessee of the property
- The defendant failed to exercise reasonable care and keep the property in safe conditions
- The plaintiff (individual filing the lawsuit) was injured
- The injury was due to the defendant’s negligence or lack of care
An experienced premises liability lawyer in Boca Raton can help argue and prove a premises liability case.
Contact the Premises Liability Lawyers at Kogan & DiSalvo Today
In most Florida premises liability cases, an individual only has two years from the date of injury to file a premises liability claim and get compensation for their injuries. Because of this, if you have been hurt on someone else’s property, contact the premises liability lawyers at Kogan & DiSalvo today, or call (561) 375-9500 to get help with your case.
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