How Are Duty to Warn and Duty to Maintain Property Different in Florida?

Premise liability cases, otherwise known as slip-and-fall cases, can sometimes be hard to prove. There are responsibilities that an owner of a property must adhere to, but there are also some responsibilities of those who enter a property. And depending on the circumstances, what may seem like negligence on the part of the property owner may not be. Under Florida premise liability laws, certain situations may not be considered those where negligence existed, and therefore a property owner would not have to pay a victim for their damages. 

If you were injured on another entity or person’s property in Florida, you may have sustained serious injuries. Because of this, it could be possible to make a claim to obtain the compensation you need for the damages you suffered. You may have suffered injuries, damaged property, been unable to work due to your injuries, and more. The Tampa premise liability attorneys at Fulgencio Law can help you determine if filing a claim is right for you and, if so, also advise you on how to proceed.

The Duty of a Property Owner in Florida

A property owner has certain things that they must do to keep their property reasonably safe for those who enter. Primarily, a property owner has both a duty to warn and a duty to maintain their premises. 

Duty to Warn

In Florida, if a property owner knows there is a hazard on their property or if it is reasonable to say that they should have known of a danger, then the property owners must provide a warning. These perils should be those that are not easily visible but rather concealed. When there is a defect with the property that is clear and apparent, then it is possible that the property owner does not have to provide warnings.

Duty to Maintain Property

It is necessary that property owners take care of their premises and keep them maintained and, overall, fairly safe. Here, an obvious condition that could be harmful may give the property owner flexibility in not having to provide warnings, but they still must keep their property in good condition and taken care of.

These two elements, the duty to maintain a property and a duty to warn, can be confusing because where one may alleviate liability the other might not. Proving that a property owner is liable for damages in a Florida slip-and-fall accident means

• There was a defect or hazard on the property.
• The property owner either knew or should have known and did not take care of the danger, nor did they provide adequate warning.

Speak with an Attorney at Fulgencio Law Today

It is possible to hold a property owner liable to pay for your damages if you were harmed due to their negligence and they failed to warn you or keep their property maintained. To see if you have a case to make for financial compensation for your damages, please call Fulgencio Law today at (813) 463-0123. The attorneys at Fulgencio Law can evaluate your case and discuss with you what options are available for compensation during a free consultation.