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Page: Premises Liability

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Premises Liability Lawyer

In the law, unsafe property conditions that lead to serious personal injury fall into the category of “premises liability.”  In other words, premises liability means liability of the property owner or manager for dangerous and defective conditions of the property itself, including the real property and large fixtures attached to the physical property.

Florida premises liability law generally holds property owners, and often property managers or tenants, legally responsible for accidents and injuries that occur on that property where there is negligence, or fault, can be proven.  The types of premises liability cases range from slip and fall, trip and fall, defective condition inside or outside the property, or inadequate security.

Florida Premises Liability

Depending on your circumstances, if you suffer a serious injury on public or private property due to a slip and fall, or trip and fall, caused by an unsafe condition, then may be eligible for compensation for your medical bills, pain and suffering, and lost income from the property owner or property owner’s insurance company.

You must be able to prove that the property condition, or way that the property was being operated, caused your fall, and that the property owner or property manager knew, or reasonably should have known, of the unsafe property condition.

An example is a wet floor in a retail store’s aisle.  You may be familiar with the business, they mop the floors and bright yellow or orange launch warning signs and/or cone, warning people that the area wet, rather than across it. In your case, maybe no warning signs were placed in the area. Maybe no store employee mopped up or cleaned the area.  Maybe the liquid was present for an extended time that this led to your fall and caused your injuries.

Common Misunderstanding of Florida Premises Liability Law

A common misconception among consumers is that a property owner or property manager is liable for any injury which occurs on the property.  This is not so.  Generally, the injury victim must prove that the property owner or property manager was negligent by showing the premises was defective, dangerous, and the owner or manager knew, or should have known upon reasonable inspection, of the property defect.

Your personal injury resulting from a defective and dangerous property condition must be reviewed to determine if there is reasonable grounds to file a claim against the property owner, property manager, or other parties.  Contact us for a free consultation to discuss your personal injury claim.

Special Rules Apply to Children

Children are often subject to special rules in property liability cases.  A property owner’s or manager’s obligations to warn is different with respect to children trespassers (children not authorized to be on property).

For example, quite often a property owner, manager, or tenant must give warnings if he or she knows (or reasonably should know) that children are likely to come onto the property, and that a dangerous condition on the premises is likely to cause serious bodily injury or death.

In order to find liability, the owner needs to act to protect against dangerous conditions that are attractive by their nature to children.  Examples include construction sites, swimming pools, deteriorating playground equipment.

The bottom line is often that the property owner or manager must have failed to act reasonably to protect children, even if the children are not supposed to be on the property.

Crime Victims • Property Owner Liability • Negligent Security

In Florida, commercial property owners, including retail stores, hotels, malls, shopping centers, office parks, apartment complexes, have an obligation to keep their premises safe for customers and guests.  There has been a disturbing trend of customers and guests being targeted and becoming victims of violent crimes at public retail stores, hotels, malls, shopping centers, office parks, apartment complexes, including assault and battery, robbery, kidnapping, and sexual assault.

When a customer or guest becomes a victim of crime on business property open to the public, then whether the business owner provided adequate security for the customer or guest may give rise to property liability for negligent security:

  • Is the parking patrolled by security?  Were these security personnel performing their duties?
  • Are the premises monitored by security or surveillance cameras?  Were they properly and timely monitored?
  • Did the property owner or manager know about incidents of criminal activity?
  • Did the property owner or manager take steps to prevent incidents of criminal activity occurring at the property?
  • Did the hotel, motel, or apartment complex inform or warn guests or tenants of ongoing criminal activity?
  • Was there adequate lighting for the walkways, staircases, parking lot?

At the Harris Law Firm, your personal injury attorney will work with an experienced negligent security attorney, negligent security lawyer in an effort to find justice on your behalf.

Premises Liability Lawyer

Contact the Harris Law Firm to consult with a premises liability lawyer, personal injury lawyer, personal injury attorney.

If you have suffered personal injury, or your loved one or child has suffered personal injury, as the result of a defective property condition, including slip and fall, trip and fall, uneven surfaces, swimming pool accident, or negligent security, contact us for a free consultation.

We provide an honest assessment based on your case facts.  If we agree to represent you, then rest assured your case will be handled by an experienced personal injury lawyer and not simply handed off to non-attorney staff.

Because Principle Does Matter. SM
Vision. Values. Justice. SM

Terms: premises liability lawyer negligent security attorney negligent security lawyer


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