You may be able to pursue compensation if you were injured by poor premises maintenance. Spills, leaks, broken products, and unleashed dogs could be failures by a property owner to establish a safe environment.
A Gainesville premises liability lawyer can act as your advocate as you pursue compensation following an accident. That is one of their key responsibilities, just as it is your right to seek compensation.
If you’re hurting physically, financially, or emotionally following an accident, contact Bogin, Munns & Munns for a free consultation at (352) 332-7688.
Holding Property Owners to Their Duty of Care
Anyone who owns property must uphold certain standards of safety so that when someone lawfully uses that property, they are not placed at an unreasonable risk of getting hurt. In legal terms, this is called their duty of care — their obligation to minimize risks to visitors.
When a property owner does not uphold this duty of care, resulting in an injury, that is a form of negligence. Your premises liability lawyer can work to prove that negligence, using evidence, testimony, and expert analysis.
Premises Liability in Florida
In Florida, it’s important to understand the differences between the individuals who visit a property. The Florida Bar highlights them as:
- Business invitees
- Public invitees
- Licensees by invitation
- Uninvited licensees
- Trespassers
A business invitee is as it sounds: someone who enters a property for business purposes, such as to buy goods or services. A public invitee enters a property that is open to the public, such as a park. A licensee by invitation is invited to the property, such as a guest to your home.
By contrast, uninvited licensees enter a property for their own convenience. This is different from someone who is invited but a step above the final category, trespassers. A trespasser is entering the property illegally.
A property owner cannot be held liable for injuries sustained by someone not on the property legally, according to Florida Statute § 768.075. However, invitees and licensees by invitation are owed a duty of care by the property owner.
Florida’s Statute of Limitations for Premises Liability
You only have a limited timeframe to file your premises liability suit. In Florida, that window is typically two years from the date of the incident, according to Florida Statute § 95.11. Additionally, wrongful death lawsuits have a two-year window for filing.
Unique factors may impact your timeframe, so contact someone from Bogin, Munns & Munns to discuss the deadline for your case. A Gainesville premises liability lawyer can help your case meet important deadlines and take care of any of the tasks needed to file a lawsuit.
To consult with an experienced premises liability lawyer serving Gainesville
855-780-9986
Areas of Premises Liability
This area of law covers any accident that occurs on someone’s property, including:
- Dog bites
- Pool accidents
- Slip and falls
- A lack of security
- Product defects
- Malfunctioning equipment
An unrestrained animal, an unguarded pool, or an uneven floor could be acts of negligence that could make a property unsafe.
Dog Bites
Because dogs reside on their owner’s property, any injuries they cause on the property could be a form of premises liability. A Florida dog owner could be held liable even if the dog did not show “former viciousness,” according to Florida Statute § 767.04.
Dog bite claims could provide compensation to cover:
- Wounds
- Bruises
- Broken bones
- Stitches
- Surgery
- Infections
Animal bites can easily become infected and have additional complications. Do not delay in seeking medical aid.
Drowning and Pool Accidents
In a warm state like Florida, water recreation is unsurprisingly popular. What may be surprising is the number of accidental drownings that occur as a result. From Memorial Day to Labor Day 2017, Florida recorded the most pool and spa drownings in the country involving children under the age of 15, according to the Consumer Product Safety Commission (CPSC).
Property owners who have pools, spas, ponds, or other water features must reduce the risk of accidental drownings and other injuries, using safety measures like fences and warning signs. If negligence caused you or a loved one to experience a pool accident, you may have a case.
Slip and Fall Accidents
Fall injuries are unfortunately common, especially among older adults. Fall risks can be exacerbated by poor premises maintenance. Grounds for a slip and fall case could include:
- Puddles, leaks, or spills
- Loose or broken railings
- Uneven or torn flooring
- Uncleared debris from natural disasters
- Walkway obstructions
- Broken curbs and sidewalks
- Insufficient lighting
Just like other forms of premises liability, you must demonstrate that the property owner was aware or should have been aware of the problem and did not take steps to correct the slip and fall hazard.
Premises Security
Liability for property owners is not limited to the property’s condition. Duty of care includes reducing the risk of crimes. If lack of security led to an assault or another crime, you could sue the property owner for not protecting visitors.
Typically, a property owner is obligated to mitigate the risk of foreseeable crimes committed by a third party. If you were injured in a situation like this, a lawyer can help you understand your rights.
Defective Products and Machinery
Business or property owners who put off fixing defects or failures in their machinery, products, or equipment could be held liable. The consequence could be injuries resulting from:
- Broken elevators
- Faulty escalators
- Collapsed ceilings
- Leaky or broken engines
- Defective products
What may seem like a minor inconvenience to property owners could lead to serious injuries for visitors, including burns, broken bones, electrocution, and carbon monoxide poisoning.
You Have Legal Rights
A property owner did not uphold their duty to prevent you from harm. However, you may be able to uphold your right to pursue compensation with the help of a Gainesville premises liability lawyer.
Contact a team member from Bogin, Munns & Munns to receive a free consultation regarding your case.
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