If you were visiting a business or public property and suffered injuries because of negligence, you may have cause for legal action. The cases are challenging, with various elements and requirements to meet.
A qualified Port Orange premises liability lawyer at Rue & Ziffra can take on much of the work and elevate your chances of a successful outcome. Give our office a call to schedule a free, no-obligation consultation with one of our skilled personal injury attorneys.
Premises liability is an area of law that allows you to hold property owners, occupiers, or managers responsible for the hazards that caused your injuries and other losses caused by unsafe property conditions. They provide that owners, such as businesses, owe visitors, such as customers, a legal obligation to take reasonable care to protect them.
Examples of premises liability cases include the following:
The guidelines require that the person responsible for the property maintain it and keep it reasonably safe by inspecting for hazards, promptly fixing defects, and giving visitors warnings until the repair is complete. A well-practiced attorney in Port Orange can answer any questions you have about premises liability laws during a free initial consultation.
Property owners and others in control, such as managers or tenants, owe a duty of care to people who enter the property, and the extent of that responsibility depends on the visitor’s status.
The first group is those entering for reasons that are mutually beneficial for both parties, such as customers in stores, restaurants, or hotels. They are called invitees, and the owner owes them the highest duty of care. They must maintain the premises, do regular inspections to identify hazards, and fix them quickly. They must warn invitees about any concealed defects until the repair is complete.
The second group, called licensees, are social guests or family members and have permission, but there is no monetary benefit to the person responsible for the property.
The last group is the trespassers, who enter without permission. Under Florida Statute § 768.075, landowners have immunity from liability for trespassers. However, they cannot intentionally cause them bodily harm.
During your initial consultation, our knowledgeable Port Orange premises liability attorney can review your case and determine what your visitor status was at the time of the accident.
Under Florida premises liability law, you must show that the party responsible for the property knew—or should have known—about the hazardous condition. This requires proving the business had actual or constructive knowledge and failed to take reasonable steps to fix the issue or warn visitors. These rules often apply to cases involving temporary hazards, such as spilled liquids, grease, or water tracked in from outside.
Actual knowledge means a manager or employee was aware of the specific hazard, either directly or because it was reported, or that it existed long enough that it should have been discovered and addressed. Evidence may include employee testimony, surveillance footage, or eyewitness statements.
Property owners may argue that an open and obvious condition caused the injury, potentially shifting some or all of the blame to you. Our premises liability lawyer in Port Orange can explain how these laws apply to your situation during your consultation.
You never expect to be in a serious accident because of a dangerous condition on someone else’s property. Unfortunately, that happens more than you would think.
You have every right to seek payment from the negligent party after sustaining serious and preventable injuries because of a hazardous condition. Contact a Port Orange premises liability lawyer at Rue & Ziffra now to get started on your case. We are in your community and on your side.
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