Premises Liability

Premises liability cases arise in situations in which someone is injured as a result of property conditions that were not reasonably safe, such as a slip and fall accident, or if appropriate security was not provided.

Property owners owe a duty of care to the guests on their property. If a guest is injured due to the negligence of the owner of the property, the guest may receive monetary compensation for his or her injuries.

Why Matthews Eastmoore?

The attorneys at Matthews Eastmoore have years of experience litigating premises liability cases. If you think you have been injured in a premises liability situation, we offer free consultations in our office or by phone, to discuss your case.

What Constitutes a Premises Liability Case?

Common premises liability cases include injuries resulting from:

  • Slip, trip, and fall accidents
  • Falling store products
  • Parking lot auto or pedestrian accidents
  • Assault resulting from insufficient security or lighting
  • Unsafe stairs, escalators, or elevators
  • Slippery floors
  • Road construction accidents
  • Lack of supervision accidents
  • Swimming pool accidents
  • Retail store accidents

Types of Guests

Based on the reason the guest was on the property, property owners owe different levels of care. There are three classes of guests in the State of Florida.

Invitees: People who are invited onto the premises for the commercial benefit of the property owner. A common example is a customer at a store.

These guests are owed the highest level of care of the three classes. Property owners must inspect and fix their premises, as well as warn the invitees of any potential hazard. If property owners fail to inspect or warn, they may be liable for injuries caused as a result of a hazard on the premises that they should have been aware of.

Licensees: Social guests, such as family and friends. Licensees are invited to enter or remain on the property for non-commercial reasons.

Property owners owe licensees a lower standard of care than that of invitees. They can only be held liable for injuries caused by hazards they knew about, not those they should have known about.

Trespassers: People on the premises without permission.

Understandably, property owners owe a much lower standard of care to trespassers. The property owner is simply prohibited from intentionally installing hazards or traps on the premises in order to punish trespassers.

Who May Sue

Someone injured as a result of a premises liability situation may bring suit against the property owner. Depending on the situation, the managers at a store or the vendors who place products may also be liable. For rental property, in some cases the landlord may be liable while in other cases the tenant may be liable.

When You May Sue

The statute of limitations in Florida for premises liability claims is four years from the time of the injury. After that, the victim may be barred from seeking compensation. There are very few exceptions to this rule, so it is best to consult with an attorney as soon as possible to protect your legal rights.

Damages

The victim in a premises liability case may be awarded monetary compensation as a result of his or her injuries. This monetary compensation may include current and future medical bills, lost wages and lost future earning capacity, and physical and mental pain and suffering.

If you or a loved one has suffered injury on another’s property, call us today at 941-366-8888 or schedule a free consultation. We will work to get you the compensation you deserve.

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The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. We do not undertake representation of your claims until all parties involved have entered into a signed agreement. If we have not entered into a signed agreement with you, you may want to speak with other attorneys regarding your claims since statutes of limitations may apply.