Tampa Premises Liability Attorney

People unfamiliar with the state laws are often rattled to learn that they could be held liable for injuries sustained by visitors while on their premises, which were caused by the actions of third parties. A Tampa premises liability attorney can answer any questions you have about your accident and let you know how to move forward.

It seems incredible that persons unaware of the law of tort could end up getting sued because someone broke his ankle, spilled milk on their store, or worse, crashed a car bumper on one of the walls.

Premises liability is a concept of law that covers the liability of a property owner for any harm that can occur to people on his premises.

Under the concept of premises liability, managers, landlords, and property owners must provide a safe environment for visitors or tenants on their premises.

But accidents keep on happening. This is the reason Florida law can get very serious when visitors are hurt at your house, business, or other property that is under your care. Property owners must maintain their properties in the safest possible condition for all visitors.

Risky Conditions on a Property

In this type of case, a visitor can assert that a dangerous condition inside the property led to his getting injured and that the owner of the property should be held responsible.
Many premises liability cases in Florida arise out of negligence, and for the case to be successful, the victim must prove that the owner of the property was negligent when it comes to ownership and maintenance of the property.

Negligence refers to the owner’s failure to use reasonable care in connection with his property.

However, it is crucial to recognize the fact that just because you got injured in someone else’s property, the owner was negligent. Besides, if the property may have been unsafe, it does not always mean that the owner was negligent.

Here’s when you need a lawyer to prove that the owner of a property knew or ought to have known that the property posed a risk. And even when he knew it, he failed to take necessary steps to remedy the situation.

Here are the main types of liability cases in Florida:

Defective conditions on the premises
Elevator and escalator accidents
Slipping falling
Snow and ice accidents
Swimming pool accidents
Amusement park accidents
Dog or alligator
Fire
Toxic fumes

As indicated, premises liability covers a wide range of fact scenarios. They usually occur in offices, factory or apartment buildings. This is the reason large apartment buildings hire door attendants or security guards to keep the doors locked.

Duty of Care

Duty of care is a principle that measures how liable a property owner is for the victim’s injuries that happen under his watch. In this doctrine, visitors on the premises for business purposes, and other social reasons, are owed much higher esteem of care by the property owner than mere pedestrians and passersby.

But, in some instances, the owner may be held liable for the injuries of trespassers, especially if:

The owner created or maintained the condition around the property
There was a likelihood that the condition could cause serious bodily harm or even death
The owner believed that trespassers could not discover the condition (before they got injured by it)
The owner did not exercise reasonable care to caution trespassers of the present condition and the danger it posed

Why Plaintiffs May Lose the Case

All personal injury plaintiffs should note that property owners apply certain defenses to evade liability. These include:

The risky condition is openly obvious – It’s not the duty of property owners to caution guests, customers and trespassers of an open and obvious danger.
The plaintiff knew about the risks around the property – If the plaintiff is aware of the dangers associated with entering particular premises, then the owner of the premises may not be liable. For example, if you experience a nervous breakdown after visiting a well-known haunted house, the owner might argue that you knew about the haunted property’s risks.
The plaintiff partly caused the injury – A premises liability plaintiff may not always recover damages after contributing to his own injury. Note that Florida is comparative fault state. In other words, the plaintiff’s percentage of fault reduces the amount of damages he receives.

The Case of Children Trespassing a Property

When children trespass, a different rule may apply. In a case of children wandering around the property without permission, property owners have a duty to ensure the premises are safe.
It’s the duty of the property owner to inspect the property to establish the presence of potentially risky conditions that may attract children. If these conditions exist, the owner should act swiftly to fix the unsafe condition.