Common Causes of Premises Liability

by James Lennon | Personal Injury
caution sign on playground

If you were seriously injured while visiting someone else’s property, you may be facing unexpected medical bills and the inability to work, making you wonder how you’ll get by.

Every year, thousands of people in Florida sustain severe or fatal injuries in slip and falls, dog bite incidents, pool accidents, and other accidents that occur at unsafe or improperly secured properties. If you suffered injuries at a dangerous property through no fault of your own, you could be entitled to compensation in a premises liability claim.

Under Florida law, property owners have specific responsibilities to ensure that visitors to their properties are reasonably safe from physical hazards and other harm. When property owners fail to take this responsibility seriously, they may be required to pay for the medical expenses or other losses incurred by people who get hurt on their property.

For more than four decades, the premises liability attorneys of Rosen & Ohr, P.A., have fought relentlessly for the rights of injured people just like you throughout South Florida and beyond. With perseverance and aggressive advocacy, our team has won millions of dollars in compensation for victims injured on unsafe premises. We’re eager to put our experience to work for you.

To learn more about how our family can help yours, call us now or contact us online for your free initial consultation.

What Is Premises Liability?

Legally speaking, the term “premises” refers to any land or real estate and the buildings or other structures on it. The term “liability,” on the other hand, refers to legal obligations or responsibilities. Therefore, premises liability can be understood as the responsibility of a property owner or occupier with respect to the land and structures they control.

Specifically, property owners are responsible for:

  • Protecting invited guests from apparent hazards and any dangers that would be revealed through regular and reasonable inspections or maintenance of the premises. If premises are open to the public, all entrants are considered legal invitees.
  • Exercising reasonable care, including regular maintenance and posted warnings of potential dangers, to protect licensees and invitees from harm. Licensees include those who enter a property for their own benefit, such as salespeople.
  • Refraining from intentionally harming trespassers, who are owed no other legal duty of care. Trespassing children, however, are an exception. A child is not expected to exercise the same care or consideration as an adult. Property owners are obligated to ensure their premises are free of “attractive nuisances,” such as unsecured swimming pools that may entice young children.

What Is a Property Owner Liable For?

There are many ways an individual can be hurt while visiting unsafe premises, so property owner liability can be a very broad and confusing topic. However, as with any personal injury case, Florida law requires claimants to identify an at-fault party to recover any compensation in a premises liability claim.

To hold negligent property owners accountable, injured parties must prove that:

  • The premises in question are legally owned or controlled by the responsible party.
  • The property owner was negligent or intentionally reckless in their maintenance or care of the premises with respect to visitors, licensees, or child trespassers.
  • The negligence or wrongful actions of the property owner directly caused an accident that resulted in personal injury to a visitor, licensee, or child trespasser.
  • The property owner knew or should have known about a defect, deficiency, or other unsafe condition on their premises and failed to address it or warn others of the potential danger.
  • The injured party did not know about the defect, deficiency, or other unsafe conditions and could not have been reasonably expected to notice it in time to avoid accidental injury.
  • The injured party did not misuse the property or engage in activities that would increase their chances of injury while on the premises.

What Are the Most Common Kinds of Premises Liability Accidents?

Every premises liability incident is different, but there are certain accidents that the legal team of Rosen & Ohr, P.A., sees more commonly than others. Individuals may be injured in premises liability accidents involving:

  • Slip and falls, which are responsible for more than 8 million emergency room visits every year throughout the United States.
  • Dangerous steps, platforms, staircases, elevators, or escalators, which may cause slip and fall accidents or other bodily injuries.
  • Preventable fires, toxic fumes, or chemical spills, which can lead to burns and respiratory issues
  • Unsafe swimming pools and other attractive nuisances like unlocked cars, unattended refrigerators, or construction materials.
  • Dogs bites and any bites, stings, or injuries from other domestic animals.
  • Inadequate property maintenance or insufficient security, especially in parking lots and other unsecured areas.
  • Buildups of water or spilled liquids, as well as leaks, flooding, and wet or slick floors.
  • Loose flooring, carpeting, extension cords, or other obstructions.
  • Unsafe construction sites or workplaces, which may involve falling objects, dangerous machinery, or hazardous substance exposure.

Contact a Hollywood, FL Premises Liability Attorney Today

If you believe that you may have been harmed by the negligence or recklessness of a property owner or occupier in Florida, you deserve to seek justice and a full recovery from your losses.

The best way to tell whether you have grounds for a premises liability claim is to consult with a seasoned personal injury lawyer. An attorney can explain your options and demystify the legal aspects of your case. If you have a valid claim, a lawyer can also assist you as you seek compensation in an insurance settlement or personal injury lawsuit.

The legal team of Rosen & Ohr, P.A., has the experience and innovation needed to handle even the most complex premises liability claims and the toughest negotiations. We provide personalized attention, dedicated focus, and team spirit of a small firm, as well as the resources and confidence to match any large corporate team.

Our diligence and ingenuity have helped hundreds of Florida residents recover the compensation they need to heal and move forward. Call us today or contact us online to find out how we can help.