The law requires property owners to keep their premises safe for visitors. If they fail to do this and someone gets hurt, the owner could be held responsible for paying the injured person’s damages. If you suffered harm while on someone else’s property, a Jacksonville premises liability lawyer is here to help.
Premises liability law is complex because the extent of an owner’s duty depends on why the visitor was on the property, along with several other contributing factors. Millicent Daniels, a knowledgeable personal injury attorney, could advise you of your legal options and guide you from start to finish of your case. At the Daniels Law Firm, we are here to help you get the compensation you deserve. No matter how difficult your case may seem, we are dedicated to pursuing justice on your behalf. Contact our firm today to schedule a consultation.
Slipping or tripping and falling could result in an injury on a commercial property. Slippery floors, damaged stairs or handrails, uneven or damaged flooring, or other hazards in a pathway or aisle can all cause slips and falls.
Many other types of accidents also fall under the umbrella of premises liability. Attorney Daniels has extensive experience handling Jacksonville premises liability cases, and could represent you if you were harmed because of:
The property owner could be liable if they are found to have been negligent. Negligence means failing to uphold a duty of care to another person, resulting in their injury. A property owner’s duty depends on why the injured person was visiting their property.
Florida follows the traditional liability scheme that imposes different duties of care depending on why you were on the premises.
A person who owns or operates a business or public space has the highest duty of care toward the business’s patrons. People who enter premises to do business are called invitees. Note that anyone who enters a business during hours when it is open could be an invitee, even if the visitor does not plan to purchase anything during that visit.
The property owner must keep the premises free of hazards and immediately repair any dangerous conditions. If it is impossible to eliminate a hazardous condition immediately, they must warn invitees and take reasonable steps to prevent harm.
People who enter premises for their own purposes, but with permission are called licensees. Social guests are licensees, and so are people like contractors doing work on the premises, and people who enter hoping to make a sale. An owner must warn a licensee of any hazard that is not apparent. However, they need not inspect to find hidden dangers and an owner has no duty to repair a dangerous condition for the benefit of a licensee.
An owner has no duty to provide a safe space for adults who enter their property without permission. Trespassers usually have no legal recourse when they suffer injuries on another person’s property.
However, the property owner might be responsible if the trespasser is a child. If the property has a feature that might attract a child, such as a pool, treehouse, shed, sandpit, pond, construction equipment, etc., the landowner must prevent children from accessing it. The landowner could be liable if they neglect that duty and a child suffers harm. Parents of an injured child should consult a Jacksonville premises liability attorney at Daniels Law Firm to determine whether a landowner might be liable for their child’s injury.
People who prove a landowner’s negligence caused their injury are entitled to damages. Compensatory damages could reimburse you for your losses.
The two types of compensatory damages are economic and non-economic.
Economic damages have a settled value. They include items such as medical expenses, incidental costs, lost income, and future injury-related expenditures. Non-economic damages acknowledge subjective losses that have no fixed value. They include compensation for an injured person’s disability, disfigurement, humiliation, inconvenience, physical pain, and emotional suffering.
Florida Statutes §768.72 allows you to seek punitive damages if you can prove that an injury resulted from someone’s willful, intentional, or grossly negligent conduct. The state places a cap on punitive damages that is a multiple of your compensatory damages. However, these cases vary. Attorney Daniels could advise you of whether your Jacksonville premises liability case merits seeking punitive damages and what the cap might be.
If you were hurt on another person’s property, you could have a claim under premises liability. If so, you could recover money for all the losses you suffered in the accident.
Our Jacksonville premises liability lawyer has the legal knowledge and skills to help you obtain fair compensation for your injuries. Let the Daniels Law Firm be your voice and advocate today. Contact our office to schedule your consultation.
Millicent Daniels the Peoples Attorney