What is Premise Liability and Negligence Surrounding It?
If someone has sustained an injury on your property, whether commercial or residential, they may be able to receive compensation for their injuries. First, you must know the factors that determine premises liability. The property owner is not automatically liable when an injury occurs, unsafe conditions do not always equal negligence, and the laws surrounding premises liability can be confusing.
Read on to find out if injuries sustained on your property may be grounds for a premises liability suit, then contact Casas Law in West Palm Beach for all of your premises liability questions.
Duty of Care
The law divides visitors into three categories. The property owner’s duty of care depends on what type of visitor and why they are visiting the property.
- Trespasser- Uninvited, illegal visitors. A trespasser has no right to be on the property and the property owner owes the lowest duty of care unless the trespasser is a child.
- Licensees- These guests are invited and are generally social visitors and houseguests. They are owed the second highest duty of care and property owners are responsible for making sure they are aware of known hazards.
- Invitees- These guests are invited and they are on the property for business purposes, they are owed the highest duty of care. Property owners must take precautions to ensure the invitee’s safety and protect them from injury.
Negligence
Florida law holds property owners liable if they are negligent in their actions or their failure to act. Property owners may be liable if the unsafe condition existed long enough to be identified in the course of regular maintenance, the owner was aware of the condition but took no action to correct it, or the condition was a regular occurrence and foreseeable. Neglect can include:
- Poor maintenance
- Slippery surface
- Negligent security
- Inadequate warning signs or notification
If you are facing a premises liability suit in the West Palm Beach area and you have questions, Casas Law has answers for you. Contact Casas Law today to fill out a free case consultation form.
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