Premises Liability

What is Premises Liability?

Premises liability cases can exist in just about every type of privately- or publicly-owned building or open space and involve injuries or death as a result of negligently maintained property and land at residential, commercial and industrial properties. Florida is home to thousands of managed properties including theme parks, residential communities, sports facilities, government buildings, commercial buildings, farms and other land spaces; and while it’s unfortunate, injury and death in these areas is an everyday occurrence.

Examples of Premises Liability

Premises liability refers to injuries that occur as a result of unsafe conditions on another person’s property where as injuries that occur due to third-party attacks on someone else’s property fall under negligent security. Premises liability cases can be virtually limitless, including accidents involving:

  • Defective building construction

  • Inadequate building maintenance

  • Unfilled holes in land

  • Hidden hazards

  • Building code violations

  • Defects in stairway design or maintenance

  • Lack of required railings

  • Inadequate lighting

  • Defective flooring, electrical wiring, plumbing, smoke detectors or fire alarms

  • Injuries caused by broken glass

  • Injuries caused by defective heating systems such as carbon monoxide poisoning and gas leaks, fires and explosions

  • Defective building repairs

  • Deck failures caused by rot or other eroding building materials

  • Lead paint exposure

  • Elevator and escalator accidents

  • Egress related issues

  • Inadequate or improper snow and ice removal

Is the Owner Responsible for Your Injuries on Property They Own?

The owner of a property is legally responsible to keep the area safe from dangerous conditions. Other individuals such as tenants, manager of the property, and contractors working on the premises, may also be responsible for maintaining it in a reasonable and safe condition, and may be held liable for injuries that occur on the property as well. Since multiple parties can often be held liable, identifying the proper defendants can sometimes be a complex task.

What do I have to Prove?

When you make a claim in a premises liability case, you have to prove that:

  • There was a defect in the property

  • Your injuries were caused by the defect

  • The person you’re making the claim against is the owner or occupier of the property

  • This person knew or should have known about the defect and failed to fix it or warn you

The owner or occupier may not be legally responsible for your injuries when:

  • You were trespassing

  • You knew about the defect before you were hurt

  • The defect was open and obvious and you should have noticed it

  • The owner or occupier didn’t know about the defect reasonably and shouldn’t have known

  • You misused the property and caused the defect

What to do if you or a loved one has been injured by poorly maintained property

Call your partners at Fighter Law. Premises liability laws can be complex, and it’s important to hire an experienced attorney that can navigate your case. When recovering from an injury, whether you hired the right attorney should not be something you have to worry about–with Fighter Law, you won’t have to worry.