Understanding Property Injury Claims In Florida

Premises liability law in Florida states certain individuals are responsible for keeping their property hazard-free and warning individuals of dangers present, including:

  • Invitees, or those invited onto a property to conduct business purposes such as patrons shopping at a grocery or retail store
  • Licensees, or guests uninvited onto a property for personal reasons, such as party guests.
  • Trespassers, or children entering property without permission.

If they don't and someone gets hurt, a premises liability claim may allow the victim to recover for their losses.

Who Can Be Held Responsible For A Property Injury?

  • Homeowners. If the injury occurs at a private home, the injured person may hold the homeowner liable.
  • Renter. If the injury is inflicted in a space the renter controls, such as within the renter's apartment, the renter may be responsible just as a homeowner would be.
  • Landlords. Injuries that are suffered in the common areas of an apartment complex, such as in the hallways, stairwells or parking lots, may be the responsibility of the landlord rather than of any individual renter.
  • Business owners. Owners of businesses have a duty of care to protect invitees from injury. When they fail in this duty, they may be held liable.

Common Types Of Property Injuries In Florida

A premises liability case covers nearly any kind of injury that results from a defect in property. Common types of premises liability cases brought in Florida courts include:

  • Slip and falls: Broken pavement, damaged steps, cracked flooring, spills, obstacles, improper flooring materials, unsecured rugs — many underfoot hazards can cause a slip or trip and a fall. Although slip-and-fall accidents are a common ingredient in slapstick comedy routines, in the real world, the consequences can be deadly. Slip-and-fall accidents are the No. 1 cause of death and serious injury among older Americans, according to Centers for Disease Control and Prevention (CDC).
  • Inadequate lighting: Many hazards could be avoided if only a person could see them. If light bulbs are burnt out or dark areas don't have working lights, however, visitors lose the ability to protect themselves — often with serious consequences.
  • Pool injuries: Pools are a common feature of the Florida landscape, but they require property owners to keep safety in mind. A lack of fencing, unlocked pool gates, disabled alarms, or defective or dangerous equipment can all cause serious harm.
  • Inadequate security: Assaults, vandalism or theft that results directly from inadequate security can be the basis of a premises liability case. Often, simple security measures like better lighting or a fence were all it would have taken to prevent the harm.
  • Dog bites: Dog bite claims are typically handled as a part of premises liability law when they are covered by a dog owner's homeowners insurance. An experienced premises liability lawyer can help you receive a full and fair settlement from an insurer.

Legal Help For Your Injuries

At Rosenthal, Levy, Simon & Ryles, our team of lawyers have extensive experience handling premises liability cases for those injured in South Florida.

If you or a loved one has been injured on another's property, we can help determine who is responsible and the types of compensation you could potentially recovery as a result of the accident.

We invite you to contact us today for a free consultation. Call 561-331-5134 or send an email. Hablamos español.

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