Premises Liability: Protecting Yourself in Public Spaces

Premises Liability: Protecting Yourself in Public Spaces

If you are injured on another party’s property, then you may be able to file a premise liability claim to obtain financial compensation for your losses. Florida premise liability laws are in place so property owners will be motivated to take care of their premises, and when there is negligence on the property owner’s behalf, individuals who are injured on a property are protected.

Florida property owners have a duty of care to keep their premises reasonably safe so that visitors will not be harmed if they enter the property. Not only does this mean keeping up a property but it also means that if there is a hazard on the property, an owner must fix it or provide a fair and clear warning of it. When a property is in disarray or a dangerous condition is present that is not remedied by the property owner, a visitor who is harmed could hold the property owner liable for paying for their damages.

For assistance with a Florida premise liability claim, a Tampa premise liability attorney at Fulgencio Law can provide legal guidance and representation.

Florida Premise Liability

Premises Liability Protecting Yourself in Public SpacesIndividuals who are invitees, or those who have been invited onto a property and have a legal right to be on the property, can take action against a property owner if they are injured because of a hazard on the property.

By contrast, a trespasser is someone who does not have a legal right to be on a property. As a result, if these individuals are injured, they do not have the right to file a suit against a property owner. The only caveat to this trespasser rule is children, who are exempt.

The most common types of premise liability cases that occur in Florida include:

  • Slip and fall accidents
  • Trip and fall accidents
  • Falling objects
  • Burn injuries
  • Elevator and escalator accidents
  • Drownings or near drownings 
  • Dog bites
  • Violence

Retail stores, pools, amusement parks, restaurants, and other public places where visitors frequent are the highest risk locations for premise liability issues. But, even a private residence or property can be a place where a premise liability case can happen. For example, Florida dog bite laws say that a dog’s owner is liable for paying for the damages someone suffers if bitten by the dog.

To protect yourself from an accident on any premises, the following tips can help:

  • Stay off of your cell phone and try to remain focused on your environment so you can see if there are any issues to avoid.
  • Don’t go up to or pet dogs without permission.
  • Don’t travel while intoxicated.
  • Make sure there is enough lighting in the places you enter. Dimly-lit places can be much more precarious than well-lit areas.
  • Avoid engaging in horseplay.

Despite these safety tips, a premise liability accident can still happen and a victim only has four years from the date of the incident to file a lawsuit for damages. This is Florida’s premise liability statute of limitations, and while it may seem like a generous amount of time, in reality, it is not that long. Failure to file your suit in time means you will be unable to collect the compensation you need for your losses.

Call Fulgencio Law Today

Don’t delay in speaking with an attorney if you were injured on another party’s premises. Call Fulgencio Law at (813) 463-0123 to schedule your free consultation.

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