Landowners, real property owners and property management companies are required to maintain their property so that it is reasonably safe for guests. Owners of stores, gas stations, malls, shopping centers, parking lots, schools, office buildings, restaurants, nightclubs, hotels, apartment buildings, condominiums and other types of property are all required to safely maintain their property for the safety of all who enter, walk through or visit. If you were harmed because the premises you visited were unsafe, you may have a valid personal injury case for damages. Aventura personal injury attorney Brandon Stein offers a free case review to discuss your particular circumstances.
Premises Liability Guest Classification
In Florida, guests fall into one of three classifications: invitees, licensees or trespassers. Invitees are owed the highest duty or standard of care because property owners invite these guests to their premises, usually for business purposes. The property owner knows that these visitors will walk upon and through their property and that if the property is not properly maintained and secured, an accident, injury or assault may occur.
A licensee is a guest who is not on the premises for business or commercial reasons. Licensees include family, friends and social visitors. The property owner owes a lesser standard of care to licensees than to invitees. Property owners are liable to licensees for unsafe property situations which they are already aware of, as opposed to what they should have known of.
Even trespassers – persons who enter property without permission – are owed a marginal duty by the property owner. “To avoid liability to undiscovered trespassers, a person … (property owner) … must refrain from intentional misconduct that proximately causes injury to the undiscovered trespasser, but has no duty to warn of dangerous conditions.” Fl. Stat. Sec. 768.075(3)(b). In other words, a property owner may not intentionally harm a trespasser.
Premises Liability Accidents
Premises liability accidents are common and include slip and fall and trip and fall injuries. Floors must be clean and free of wet, slippery, oily substances that may lead to slips, falls and injuries. Stairways must be safe to walk on and handrails must be secure so that a person may safely ascend and descend. Carpets must be maintained so that it does not bunch up and cause a clump that may result in a trip and fall. Dangerous objects, nails, screws or broken glass that could cause cuts and other injuries should be removed. Elevators must be properly and regularly inspected. Swimming pools must have adequate warning signs; drains and fencing must comply with current regulations. Condominiums and apartment buildings must be safely maintained for residents and visitors.
Property must have adequate security protection, such as security guards, security cameras, brightly lighted areas, etc. If an individual is assaulted, robbed, raped or otherwise harmed on the property, a personal injury claim may usually be pursued.
Government Property Must Be Safely Maintained
Government property must be maintained in a safe manner, including libraries, schools, courthouses, buses and other forms of public transportation, post offices, parks, etc. If you experienced injury or harm in a public building, speak to Attorney Stein to discuss the circumstances of your case.
Aventura personal injury attorney Brandon Stein represents clients who were injured in premises liability cases. He will aggressively seek compensation for your injuries or for your family member’s death. As a plaintiff’s advocate, Attorney Stein firmly believes that the responsible parties must be held accountable for their actions or malfeasant conduct. A personal injury case will seek compensation for past and future medical expenses, lost income, pain and suffering and more. There are no legal fees involved unless we successfully settle your case or resolve it in court. To schedule your free case review, contact Attorney Brandon Stein at 786-766-8701.