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Premises Liability in Florida

Property owners have a duty to those who spend time on their property to make sure that the premises are safe for the purposes for which they are used.

If you or a loved one was injured on the property of a private company or another person or entity, you may have a valid premises liability claim.

Your experienced Clermont premises liability attorney can analyze the circumstances of your injury and determine whether you may be eligible to recover damages from the property owner to compensate for your losses.

Property Owner Duties in Florida

Property owners are obligated to keep their property in safe and working condition and, insofar as they are aware of any defects, they should conduct adequate repairs within a reasonable amount of time from receiving notice of the hazard.

Premises need to be safe not only for the property owner’s invitees – or guests – but also for any potential so-called licensees – people who are not invited guests, but nonetheless have a right to be on the property. Salespersons and utility workers are two common examples of licensees.

Common Types of Premises Liability

There are numerous different kinds of premises liability, since any type of accident that could occur on someone’s property could lead to a personal injury claim. Some of the most common types of premises liability claims are related to:

  • Slip and fall accidents;
  • Parking lot accidents;
  • Potholes;
  • Icy walkways and wet floors;
  • Security breaches and assaults;
  • Stairway accidents;
  • Poor lighting;
  • Exposed cords;
  • Debris;
  • Poorly secured rugs;
  • Toxin exposure;
  • Fires, burns and explosions;
  • Falling objects;
  • Construction site accidents;
  • Commercial vehicle accidents;
  • Spills; and/or
  • Noxious fumes.

Common Defenses to Premises Liability

Property owners have a few defenses that can reduce or eliminate their liability for accidents that happen on their property.

The first defense is that the injured victim was a trespasser and had no right to be on the property. Trespassers are typically not owed the duty of care that members of the public are. Children, especially young children, are the exception. Even if a young child was trespassing, the property owner may be found liable for any injuries that the child sustains on the property.

Another defense to premises liability is that the property owner was not aware of, and had no reason to know about, the danger that caused the injury. The law recognizes that property owners cannot be aware of every hazard at the moment it occurs, especially if a third-party was responsible for creating the danger.

For instance, if a customer spills a drink, and another customer immediately slips in the spill before management has time to clean it up – or even learn about it – the court might not find the property owner to be liable. If the management was notified of the spill and did not clean it up, or failed to look for potential hazards for an unreasonable amount of time, then the property owner might be held responsible.

Consult an Experienced Personal Injury Attorney in Clermont

No matter what type of premises liability injury you have experienced, one of our Clermont personal injury attorneys at the Scoma Law Firm can examine and investigate what caused the accident or injury and assess whether the property owner might have been negligent.

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