If you are injured by a dangerous condition on someone else’s property, you may have a premises liability claim against the property owner or another entity that controls the property. Frankl & Kominsky has offered knowledgeable counsel in these cases for many years. Our injury attorneys have helped numerous clients throughout South Florida hold careless property owners accountable for slip and falls and similar accidents. We provide diligent representation to help you seek the compensation you need. Contact our office today to discuss your case.Dangerous Conditions on Property
Premises liability refers to the set of laws that determines accountability for injuries caused by defective property conditions. Property owners in Florida have an obligation to keep their premises reasonably safe for those on their property, and to warn about or repair any defects that could cause harm to someone unaware of them. If a property owner fails to maintain its property in a safe condition, and you are injured as a result, you can hold the owner liable for its negligence.
This type of case can be complex. Accountability depends largely on how much care the property owner is required to exercise to protect you from foreseeable harm. Your status as a user of the premises will dictate how much care the owner needed to use, and whether it breached the duty of care.Seek Compensation From a Negligent Property Owner
Although people and entities must keep their premises reasonably safe for others, they owe varying degrees of care to those on their property. There are three categories into which people entering the premises are divided: invitee, licensee, and trespasser.
Property owners owe the highest level of care to invitees. These are people who are invited on the premises for the owner’s commercial benefit. A shopper at a retail store and a patron in a restaurant are examples of invitees. To keep their premises safe for them, owners must inspect their property for any defective conditions, promptly fix any defects, warn of any potential dangers, and implement any necessary security measures.
A licensee is a person who is lawfully on the property for a non-commercial purpose. A social guest at a residential home is an example of a licensee. Property owners must warn of or fix any dangerous conditions on their premises to avoid injuries to licensees.
Trespassers are owed the lowest degree of care. As a general matter, property owners owe no duty of care to trespassers. There are some exceptions, however. If the property owner becomes aware of the trespasser, the owner cannot engage in any intentional misconduct or grossly negligent behavior toward the trespasser. If the trespasser is a child, the property owner may be liable for injuries caused by an attractive nuisance on the property. This is a complex area of law, so you should consult a knowledgeable lawyer if you or your child may be in this position.
You can hold a property owner liable if you are injured on its premises. To succeed in this type of case, you must show that:
- The defendant owed you a duty of care based on your entrant status;
- The defendant did not meet the proper standard of care that it owed you; and
- You were hurt because the defendant failed to meet that standard.
By establishing the property owner’s liability, you may be able to recover damages for your injuries. Compensable damages include medical expenses, lost wages, pain and suffering, and compensation for other forms of both economic and non-economic harm. You must file your claim no more than four years from the date of your injury, or you likely will be barred from recovering compensation.Discuss Your Case With an Accident Attorney in Boynton Beach
The accident lawyers at Frankl & Kominsky are committed to providing aggressive representation in your premises liability lawsuit. Based in Boynton Beach, we are dedicated injury litigators who will never settle for less in your case. We will review the details of your specific situation and assess your rights under Florida law. As your legal counsel, we can help you assert these rights and pursue your claim through settlement or at trial. We serve clients in West Palm Beach, Boca Raton, and Coral Springs, as well as throughout Florida. For an initial consultation at no cost to you, call us at (855) 800-8000, or you can complete our online form today. We speak Spanish and Creole.