Premises liability in Tarpon Springs is an area of personal injury law that provides recovery for injuries sustained due to a property owner’s negligence. A slip and fall accident is what people often think of when premises liability is discussed. There are a variety of accidents that can occur from negligent premises. Florida statutes and common law require property owners exercise a particular duty of care to people that enter their property.
If you have been in an accident due to the negligence of someone else and their property, you should contact an experienced injury attorney as soon as possible. A Tarpon Springs premises liability attorney is available to assist you in filing your claim against a property owner for your injuries.
Types of Premises Liability Claims
Property owners have a duty of care to provide safe and secure premises for people that may enter upon it. Tarpon Spring premises liability attorneys can assist their clients with any situation or activity that leads to injury due to the property owner’s negligence. Some types of activities that have lead to injuries are:
- Slip and fall due to a foreign substance on the floor (such as water)
- Dog bites
- Pool accidents
- Icy walkways
- Escalator malfunctions
- Falling items from a construction site
- Assaults in a parking lot
- Inadequate lighting in a hallway
Duty of Care
Generally, a property owner owes a duty to:
- Use reasonable care in maintaining the property in a reasonably safe condition
- Warn of hidden or concealed dangers which are or should be known to the owner and which an invitee to the property is not aware or which the guest cannot discover through the exercise of due care
When the incident is a slip and fall claim, Florida requires that the claimant prove that the business failed to exercise a duty of care when the foreign substance that caused the condition was present for a length of time that the business should have known of the condition, according to Florida Statute 768.0755.
Who Can Bring a Claim for Premises Liability
When someone meets with a Tarpon Springs premises liability attorney, they will be asked questions to determine what legal rights they might have had to enter the property owner’s property. There are three types of possible claimants in premises liability matters:
- Invitee – A person that has express or implied permission to be on the property
- Licensee – Someone who comes onto the property for their own purpose, such as a plumber, salesperson or cable repair person
- Trespasser – An individual that does not have the property owners express or implied permission to be on the property
Generally, a property owner does not owe a duty to trespassers. However, there are exceptions. For example, the property owner has a pool in her back yard. She knows the kids in the neighborhood might trespass to use her pool but fails to put a fence around her yard to keep people from entering.
Another example is when a property owner has a dog that is likely to attack people entering the property. Due care would require the property owner to warn others by posting a “beware of dog” sign.
A claimant in a personal injury based on premise liability can recover damages for:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Punitive damages in some situations
Contacting a Premises Liability Attorney in Tarpon Springs
Tarpon Springs premises liability attorneys are ready to meet you to discuss your case. They will gather information, analyze the potential claims and determine the damages in which you may be entitled.