Negligence Standards For Premises Liability Cases
“Premises liability” is the legal name for the concept that landowners have a duty to others to prevent unreasonable harm when they visit a property. It is often used when someone is hurt or injured in a number of scenarios. For instance, if you were injured by another patron at a bar who had become aggressive, you may have a premises liability claim against the bar.
Buildings are supposed to be kept in a safe condition, so if you fell because a stair railing broke, that would likely be premises liability. Slip-and-fall cases, like those involving spills in a store, are also a type of premises liability matter.
These claims are often difficult and complex. There are different legal standards for different individuals. If you visit a store, restaurant or other places of business, you are a business invitee, and the property owner has a duty to prevent accidents from leaving invitees injured.
If you are a “licensee” who is invited explicitly or impliedly, the property should be safe, or the owner should warn of hazards. A “trespasser” is one who typically has no right to be on the land. Trespassers are owed the lowest duty of care.
Preserve Evidence And Identify Witnesses
Other issues involve collecting and preserving evidence. If you attacked in a bar, you will need witnesses and a strong case that you were not the instigator of the fight. Cases with children are also complex, as even if they were trespassing, landowners may still owe them a higher duty. Dog bite injury cases are complex cases as well.
At Tuttle Law, P.A., our lawyers can help you with any matters involving questions of premises liability. We can explain the law in Florida, discuss the facts of your case, your injuries and help determine if they present a viable circumstance of negligence on the part of the property owner.