Private property liability in Clearwater is a major factor with many variables at play when pursuing a premises liability suit. In the state of Florida, private property is anything that is not considered either governmental or public use. A private property owner is obligated to maintain their premises in a reasonably safe manner or to notify potential visitors or guests that there is a danger on their property.
There are special rules for lessors or landlords in private property in Clearwater. These rules are governed by Florida statute and it specifically calls for liability of the individual who has specific control. Control, sometimes, is governed by private contract and, based on the obligations to certain parties, it will dictate who may be liable. A Clearwater private property liabilty lawyer can help you determine exactly who is liable for what value, today.
Types of Visitors
On private property, the person that is on a property is either a trespasser, meaning they have no right to be where they are or are a “business invitee” or a “business licensee,” meaning they have the right to be on that property for some purpose. A private property premises liability attorney in Clearwater can help you in determining the type of visitor you were.
The duty owed to a trespasser is very low. The only distinction in trespasser law is children. If a child is injured because of something called an “attractive nuisance,” meaning, that it is a dangerous condition that attracts a child to their detriment, that child, even though they are a trespasser, may have the right to collect damages
Invitees or Licensees
As a visitor, an individual has the right to be in a safe environment or to be warned of any latent, or hidden, defects that exist on the property.
However, just because a person was injured on somebody’s property does not mean that the property owner is liable. The question is: was the injury that occurred based on the negligence of a property owner or was it because of an individual’s actions causing their own injury? Whatever it is that occurred, was it reasonably foreseeable?
The type and condition of property matters in premises liability cases because it will determine who the potential liable parties are. A Clearwater private property premises liabilty attorney can help you learn how it could affect your claim.
Private homes are controlled and governed differently than apartments or condominiums because there are common areas in multi-family residences. These are controlled by homeowner’s associations or management companies as opposed to a house where the person controls everything in their home and in their curtilage, meaning, the property that surrounds their home.
Commercial properties have a heightened duty simply because they recognize that they are inviting people onto their property to do business with them as opposed to a private party, which is not necessarily designed for conducting business. At the end of the day, the consequences are normally higher in commercial property cases simply because his or her duty and obligations are more than that of the average homeowner.
The condition of the property plays a substantial role because a property owner is obligated to keep their property in a reasonably safe manner and, as the condition of the property deteriorates, the burden on the property owner increases. At the same time, as something looks to be more dangerous, then the burden also shifts to the person who is injured to determine whether the actions that they took were reasonable.
Florida is a comparative fault or contributory negligence state. If there is fault on the part of both parties, then a deduction will be made to the damages recovered based on the amount of fault that is borne by the person that was injured. It is important to understand all of these factors, a private property premises liability lawyer in Clearwater can help.