If you were injured on someone else’s property in Pensacola, Florida, you may be wondering what your rights are. A dedicated Florida premises liability attorney at Cardoso Law, PLLC, can help clarify those rights. Our personal injury legal team can build a strong case on your behalf, demand accountability, and seek the compensation you deserve. Contact us today for a free consultation to discuss your premises liability case, get answers to your questions, and learn more about how we can help.
Overview of Florida Premises Liability Law
Florida premises liability laws hold property owners accountable for maintaining safe conditions on their premises. These laws ensure owners take reasonable steps to prevent injuries to people visiting their property. If an owner fails to maintain their property and someone gets hurt, they can be liable for the injuries.
To prove a premises liability claim in Pensacola, you must show that:
- The property owner had a certain level of responsibility to maintain safe conditions
- The property owner knew (or should have known) about a hazardous condition and failed to address it
- The hazardous condition directly caused your injury
Types of Premises Liability Claims
Premises liability cases in Florida encompass a wide range of situations involving unsafe conditions on other people’s properties, including:
- Slip-and-Fall Accidents—Slip-and-fall cases happen when someone slips, trips, or falls because of hazardous conditions like wet floors, uneven surfaces, or poorly lit areas. Victims may experience serious injuries, including broken bones, sprains, or head injuries.
- Inadequate Security—Inadequate security claims arise when a property owner fails to provide sufficient security measures to prevent assaults or other crimes. For example, if an apartment complex lacks proper lighting in its parking lot, the lack of visibility may facilitate robberies or attacks on residents.
- Dog Bites—If a dog attacks someone on its owner’s property, the owner could be liable, especially if they knew the dog was aggressive but did nothing to prevent the attack. Dog bites may result in broken bones, crushing injuries, and emotional trauma.
- Swimming Pool Accidents—Accidents in or near swimming pools may involve injuries or drownings caused by unsafe conditions or lack of supervision. For instance, a hotel could be liable for guest injuries if it lacks proper fencing around its pool or fails to provide lifeguards.
- Defective Structures—Claims in this category arise when a person gets hurt as a result of unsafe structures on a property. For example, if an apartment’s balcony railing collapses because it was not properly maintained, the property owner could be liable for resident injuries.
- Fire Hazards—These claims involve injuries or fatalities from fires caused by property owner negligence. If a landlord fails to install working smoke detectors, for instance or ignores faulty wiring, the landlord could face a premises liability claim if a tenant is injured in a fire.
Classification of Visitors
The level of care a property owner owes to a visitor depends on the nature of the visitor’s presence on the property. There are three main types of visitors in Florida premises liability cases: invitees, licensees, and trespassers.
- Invitees—Invitees are people who enter a property for business purposes or as members of the public, and property owners owe them the highest duty of care. Examples include customers in a store, people at a public park, or clients visiting an office. Property owners must regularly inspect the property, fix hazards, and warn invitees about potential dangers.
- Licensees—Licensees enter a property with the owner’s permission but for their own purposes, such as social guests or door-to-door salespeople. Property owners must keep their premises reasonably safe and warn licensees of any known dangers that are not obvious. However, property owners do not need to check for unknown hazards for licensees.
- Trespassers—Trespassers enter properties without permission. Property owners owe these visitors the least duty of care. Generally, they must only refrain from willfully harming trespassers, such as by creating traps or dangerous conditions that may injure them. When it comes to child trespassers, however, property owners have more responsibility. They must keep their premises free from “attractive nuisances,” which are property hazards that can attract and harm children too young to know better.
Proving a Premises Liability Claim
A Florida premises liability lawyer can meticulously examine all aspects of your case to determine how a property owner’s failure to maintain a safe environment led to your injury. Here are some steps your attorney might take to prove your case:
- Gathering photographic evidence of the accident scene
- Interviewing witnesses who saw the incident
- Obtaining maintenance records for the property
- Reviewing surveillance footage from the property
- Consulting with safety experts to evaluate hazards
- Gathering medical records to document your injuries
- Analyzing evidence of past incidents on the property
- Examining the property owner’s safety policies
- Gathering testimonies from others injured on the property
Defenses Against Premises Liability Claims
Property owners can use several defenses against premises liability claims. One common defense involves arguing that you acted carelessly or contributed to your own injury. For instance, the property owner might claim that you share responsibility for the incident because you ignored warning signs or ventured into a restricted area.
Another possible argument is that the owner had no reasonable way to discover the hazard before the incident occurred. Additionally, the owner could claim that they took reasonable steps to address known hazards, such as posting warnings or promptly fixing issues.
Finally, owners might defend themselves by asserting that the dangerous condition was obvious and that a reasonable person would have avoided it. An experienced premises liability lawyer can gather evidence, anticipate these potential defenses, and prepare a robust argument to seek compensation for your injuries and hold the property owner accountable.
Contact Our Pensacola Premises Liability Attorneys for Help
If you or a loved one sustained injuries on someone else’s property in Pensacola, contact Cardoso Law, PLLC, now to get the help you need. During your free initial consultation, our Pensacola premises liability lawyer will address your concerns and discuss how we can demand the compensation you deserve.