Many accidents happen because property owners fail to keep their premises in a safe condition. In other instances, they may fail to warn visitors of dangerous conditions when they have a duty to do so. If you or someone you know has been hurt on another’s property, you may be able to seek compensation or your injuries. At Cohn & Smith, our skilled Pembroke Pines premises liability lawyers can pursue a claim against a negligent property owner in Pembroke Pines or elsewhere in South Florida. We are familiar with the process of establishing your right to compensation and the potential issues that may arise.Hold Negligent Property Owners Accountable After an Accident
Premises liability refers to the area of law that outlines the duties that a property owner has to protect individuals from dangerous conditions or defects. Some common examples of how these claims arise include wet or uneven floors, defective stairs, broken handrails, inadequate lighting, or improperly stacked merchandise.
It is important to know that a property owner’s legal obligations to someone on the land vary depending on whether the entrant is an invitee, a licensee or a trespasser. An invitee is an individual who enters the land for a business reason or for the landowner’s benefit. This type of person is owed the highest duty of care. The property owner has a duty to keep the premises safe as well as warn invitees of any dangers of which the property owner knows or should be aware. A hotel guest, a shopper in a store, and a patron at a restaurant are types of invitees.
Under common law principles, a licensee is owed a higher duty than a trespasser but less than an invitee. A licensee is an individual who enters the land with the landowner’s express or implied permission for his or her own purposes, rather than for the property owner’s benefit. For example, a social guest is a licensee.
A trespasser is an individual who enters the premises without explicit or implicit permission from the property owner. They are owed the lowest duty of care among the three categories of entrants, which usually only extends to refraining from causing intentional harm. There are some situations involving children in which a rule known as the attractive nuisance doctrine expands this obligation.
For any negligence claim arising from a property owner’s carelessness, the victim must show that the owner had a duty of care to him or her, that the property owner breached the duty, that the breach was the actual or proximate cause of the injuries, and that quantifiable damages stemmed from the accident. For example, if you slip and fall in a grocery store due to a wet floor, you may be able to seek compensation for your harm if there was no indication that the condition existed. This is because the storeowner likely should have warned customers of the slippery surface, since it is foreseeable that it could lead to harm if they were unaware.Consult a Pembroke Pines Premises Liability Lawyer for Your Premises Liability Case in Coral Springs
At Cohn & Smith, our premises liability attorneys have dedicated our careers to helping injured individuals in Coral Springs and other cities throughout the state. We vigorously advocate for each client with the attention and tenacity that they deserve. While we aim to resolve each claim through a favorable settlement, we are not afraid to fight for you in the courtroom if necessary. To learn more about your legal rights, contact us online or call us at 954-431-8100. Many of our clients have come from communities such as Weston, Sunrise, and Tamarac, among others.
- Slip and Fall
- Defective Conditions on Property
- Inadequate Maintenance
- Swimming Pool Accidents
- Retail Store Liability
- Falling Merchandise
- Restaurant Liability
- Uneven Pavement
- Negligent Security
- Children on Property
- Injuries at Hotels and Resorts
- Electric Shock
- Faulty Handrails and Stairwells
- Amusement Park Accidents
- Elevator and Escalator Accidents
- Gas Station and Convenience Store Accidents
- Gym and Fitness Center Accidents
- Slip and Fall Accidents in Parking Lots
- Common Slip and Fall Injuries
- Stadium and Theater Accidents