Orlando Premises Liability Lawyer
What happens when someone’s negligence causes an injury or tragedy? That careless or reckless party should be held financially, and sometimes criminally, liable. The same logic is applied to accidents that happen on someone’s private premises when the business or property owner was negligent about the safety of that property. An unsafe premises can be a department store with unsecured items stacked dangerously high, a nightclub without proper security to prevent bar fights, or a restaurant floor that is slippery from water or grease. Any of these types of scenarios can, and often do, lead to serious and sometimes even permanently disabling injuries. If you have been injured on the premises of a negligent property or business owner, contact an experienced Orlando premises liability lawyer immediately to discuss your options for compensation. That compensation can be used to pay your medical bills and pain and suffering, both of which can easily mount into the tens of thousands of dollars if your injuries were severe.
The Basics of Premises Liability Law
The theory of premises liability holds that a property owner can be held liable for injuries that occur on their property when:
- A dangerous condition existed on the property;
- The property owner knew or should have known of the dangerous condition;
- The property owner failed to remedy the condition within a reasonable amount of time; and
- The victim suffered an injury as a direct result of the condition.
A Property Owner’s Duty of Care
Based on the above, it is easy to see that law and precedent hold that a property owner’s duty of care is to 1) maintain a property in a reasonably safe condition and 2) correct any known hazards within a reasonable about of time. Further, as stated above, if this duty of care is breached and a person is injured as a result, the property owner can be held liable as such. However, it is important to note that this duty of care does not extend to all persons; in fact, a property owner only owes the duty of care described above to those who are on the property legally, including licensees and invitees. Trespassers are not owed this same duty of care. Instead, the only duty of care owed to trespassers is for the property owner to refrain from causing willful or wanton harm. This means that if you were trespassing at the time that you were injured, you may have a difficult time holding the property owner liable for your harm, even if a dangerous condition that went unremedied existed and was the direct cause of your harm.
There is one exception to the rule that trespassers are not owed a duty of care except for the property owner to refrain from willful or wanton harm – when the trespasser is a child, the theory of attractive nuisance applies. The attractive nuisance doctrine holds that because children lack the ability to logic and reason, and therefore perceive hazards, in the same way that adults can, property owners can be held liable for dangers on their property that “attract” children and lead to injury. For example, if a property owner has a pool on their property, it is reasonable to assume that a child may be attracted to this pool, and therefore the property owner has a duty to take reasonable action to keep children off of their property and away from the pool, such as putting up a fence. If the property owner fails to take such action and a child is harmed, the property owner could be held liable.
Types of Premises Liability Cases
Accidents and injuries can happen on any property type, and therefore nearly any type of property owner can be held liable for injuries that result on their property. Indeed, private homeowners and other private property owners, commercial businesses, and even government entities responsible for maintenance of public places may be named in a premises liability action. Further, there are many different types of premises liability cases. Our Orlando lawyers at The Pendas Law Firm are familiar with and experienced in the following, and can help you if you’ve been injured as a result of a:
- Slip and fall;
- Falling object;
- Construction site accident;
- Dog bite;
- Swimming pool incident;
- Negligent security incident;
- Retail store accident; and
Nightclubs, Fast Food Restaurants, and Grocery Stores all Present Their Own Set of Hazards
No matter the type of premises, there are potential dangers everywhere. In terms of situations that involve robbery, rape, assault, or another type of traumatic violence, the person or people who committed the crime may not be the only party held accountable. Nightclubs, bars, parking lots, parking garages, and convenience stores must have the property security measures in place to dissuade crime from occurring. The business owners and property owners of these establishments may find themselves in a negligent security lawsuit if they are found to be unsafe. For example, Florida statute 812.172 requires that convenient businesses be equipped with a security camera system, a drop safe or cash management device, a lighted parking lot, signage at the entrance that states that the cash register contains $50 or less, unobstructed window signage that allows a line of sight to the cash register and sales area , height markers at the entrance of the store, a cash management policy that limits the amount of cash on hand after 11 p.m., no tinted windows, and a silent alarm to law enforcement or private security firm. Convenient stores, as well as other premises, have strict standards to minimize the risk to employees and customers. The same goes for restaurants, day care centers, churches, amusement parks, grocery stores, and home improvement stores. Every place of business must be safe for all invitees that enter during business hours. Business owners must ensure that their places of business are not made dangerous by slippery floors, poor lighting, uneven or broken down stairs, faulty electrical outlets or wiring, and other imperfections that could cause harm to a reasonably careful invitee. However, in the case of an injury at a premises, it must be proved that the business owner had actual or constructive knowledge of that dangerous condition, according to Florida statute 768.0755.
Contact Our Experienced Orlando Premises Liability Lawyers Today
A successful lawsuit or settlement is dependent on a highly competent Orlando premises liability lawyer with the power, knowledge, and resources to prove negligence on the part of the business establishment. If you were injured due to an unsafe premises, contact The Pendas Law Firm at 1-888-573-6327 for a free consultation today. We can help you craft a successful case to help you recover compensation.