Premises liability pertains to the legal responsibility of property owners, managers, or occupants to maintain a safe environment for individuals on their property. When a person is injured due to dangerous conditions on a property, the owner, manager, or occupant may be held liable for the resulting injuries.
At Newsome Law, we offer you the expertise of a personal injury lawyer in Kissimmee who will evaluate your case and help you find justice.
Key Aspects of Premise Liability Law in Kissimmee
Here are some key aspects of premises liability law in Kissimmee:
Duty of Care: Property owners, managers, and occupants owe a duty of care to people who enter their premises, whether they are guests, customers, or even trespassers in certain circumstances. This duty requires them to ensure the property is reasonably safe and free from potential hazards that could cause harm.
Types of Visitors: In premises liability cases, visitors are often categorized into three groups: invitees, licensees, and trespassers. Invitees are those people who visit the property for business purposes, such as a retail store’s customers. Licensees are social guests, while trespassers enter without permission.
Foreseeable Hazards: Property owners must address and reduce the risk of foreseeable hazards. This includes maintaining the property, repairing dangerous conditions, and warning about potential risks.
Negligence: To establish liability, the injured party must demonstrate that the property owner’s negligence directly caused the injury. This involves proving that the owner had knowledge or should have known about the dangerous condition but failed to address it.
Comparative Fault: Florida follows a comparative negligence system, meaning that if the injured party is partially responsible for the accident, their compensation can be reduced by the percentage of fault that they contribute to.
Statute of Limitations: If you get injured on someone else’s property due to negligence, you have four years to file a lawsuit in Florida. If someone you loved died on a property due to negligence and you are their legal beneficiary, you have two years to file a claim.
Attractive Nuisance Doctrine: The attractive nuisance doctrine might apply in cases involving child trespassers. This doctrine holds property owners liable if they have something on their property that is likely to attract children and pose a danger.
Local Regulations: Depending on local regulations, building codes, and ordinances, property owners may have additional responsibilities to ensure the safety of their premises.
Types of Premises Liability Cases
Here are the major types of premise liability cases in Kissimmee, FL.
Slip and Fall Accidents: These occur when a person slips, trips, or falls due to hazards such as slippery floors, uneven or broken surfaces, or debris. Property owners have a reasonable duty to address these hazards and warn about these risks promptly.
Negligent Security: If an individual is harmed due to inadequate security measures, such as poor lighting or lack of security personnel, the property owner might be held liable.
Elevator and Escalator Accidents: Property owners must ensure that all elevators and escalators in the building are properly maintained to prevent accidents and injuries.
Dangerous Conditions: Hazardous conditions like broken stairs, faulty railings, or exposed wiring can lead to injuries. Property owners should address these dangers promptly.
The Role of a Personal Injury Lawyer in Kissimmee
When pursuing a premises liability case, seeking legal representation from a personal injury lawyer in Kissimmee with experience handling premises liability cases is advisable. An attorney specializing in premises liability cases possesses in-depth knowledge of Kissimmee’s laws and regulations and can guide you through every step of the legal process, collect relevant evidence, deal with insurance companies, and represent you in court if needed.
With the expertise of a personal injury attorney at Newsome Law by your side, you can focus on healing while they work diligently to ensure justice is served in your premises liability claim. Contact us today to schedule a consultation.