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Many people are aware that if someone slips and falls while on the property of another, the injured party can attempt to sue the property owner or manager. This area of law is referred to as premises liability.
However, what many people do not realize is that under Florida law, the status of the person visiting the property makes a huge difference as to the standard of care owed to that individual, and therefore the likely outcome of a lawsuit.
Property owners may be held to a high standard for certain categories of visitors yet have virtually no duty to protect others from harm. Therefore, if you have been involved in a situation in which the owner of premises might be held liable for injuries sustained on the property, it is crucial to speak with an experienced Stuart injury attorney familiar with this area of law.
A Stuart premises liability lawyer from Kogan & DiSalvo will understand the laws as they apply to the facts of your situation, and can provide advice as to the best course of action.
In a case involving premises liability, one of the most important factual determinations a court will need to make involves the status of the injured party. Generally, visitors on the property of another are found to fit in one of the following categories:
Property owners are expected to provide a high level of care and concern for the well-being of public invitees, and a lesser degree to others, with hardly any concern owed to those found to be trespassing on the property.
Therefore, it is essential to adequately evaluate the facts of a situation as they are likely to be viewed by the court.
A public invitee is an individual who has been encouraged to enter public property to use it for the purpose for which it has been made publicly available. For example, those visiting a patient in a hospital could be considered public invitees because they do not have business related to the business of the property, but they are welcome as members of the public.
The most common category of visitor in premises liability lawsuits is a business invitee. A business invitee is an individual invited to be on the property for a reason connected with the business of the owner. For example, a patron enjoying attractions at an amusement park or a shopper buying products at a grocery store would be considered business invitees.
A licensee by invitation would be a social guest, such as a family member or neighbor invited to a party. By contrast, an uninvited licensee is an individual who elects to enter the property for convenience and has not been invited. A door-to-door salesman would fit in this category.
The final category is a trespasser, that is, someone with no right to be on the property.
Property owners or those otherwise in control of property owe the highest duty of care to public and business invitees. Invitees must be warned about any dangerous conditions which the property owner is either aware of or should be aware of and which the visitor would not ordinarily know about. Moreover, property owners must maintain reasonably safe conditions on the premises.
This requirement has been interpreted to mean that property owners must provide protection against foreseeable crimes that may be committed by others. For invited licensees, property owners are required to maintain reasonably safe conditions and warn of known dangers on the property.
For uninvited licensees and trespassers, however, the property owner is generally only required to refrain from willful or wanton injury, such as setting up traps. However, if the uninvited party is a child, the property owner is held to a higher standard and must provide protection from dangerous conditions which might appeal to a child, such as a swimming pool or old equipment. These are examples of “attractive nuisances.”
The laws regarding premises liability in Florida are so specialized, it is important for anyone involved in a situation where an individual is injured by a dangerous condition on the property of another to seek counsel from a premises liability attorney with experience in this area of law.
A Stuart premises liability lawyer will know how to present the facts in the best possible light to work toward a full recovery.
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Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!
Love this firm!
I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.
I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!
Samantha is amazing. This is the first time I have ever been in a accident and she took her time and walk me through the process. Forever thankful. I would recommend them to everybody!!!!
Great at communication and worked really well with me through the entire process! I thought they did a great job and strongly recommend working with them for your personal injury needs!
It was a great experience. I appreciate everything you all did for me.
Exceptional service. Always return my calls quickly. Always answered all my questions. We negotiated a deal . we did not take the first two offers. We finally got a number that we deserved. He fought hard but got me what we needed.
I feel you are on top of my case thanks.
(Translated by Google) I received very good advice. Excellent attention.
(Original)
Recibí muy buena asesoría. Excelente atención.
They did everything for me! It’s was easy and convenient.
The legal support staff was always helpful to answer my questions regarding the status of my case, or would research my question and respond to my inquiries in a timely fashion,either by text or phone . I received documents by mail timely.
I just wanted to say Thank you to Dan, Lauren and the Kogan and Disalvo staff. Dan was on top of my case from day one. If I had any question at any time of day he would answer. They never asked me for a dollar which was great for me. I would recommend them to everyone. Thank you again. I hope I never need you again, but if I do I would not hesitate to call Dan again. Thank you so much.
Thank you for being there.
Professional team that made me feel like a priority.
Todd Baker and the whole staff macy and sam were the best. They were very professional and very proficient at taking care of my case. I would absolutely recommend Kogan and Disalvo!
This firm has did an amazing job
In the beginning of my case Amanda and Rachael took my information about my accident. They called me when needing more information regarding my case, found me the proper medical doctors for treatment, and followed up with my progress or other issues that occurred regarding my injuries. Later I was introduced to George Bakalaar who handled the rest of my case. I believe George, Macy, and Victoria were dedicated in helping me get the settlement I deserved.
The Absolute Best Personal Injury Attorneys Out There They Will Fight For You To Get What You Deserve And Will Take The Case To Trial If You Don’t Like What The Insurance Companies Are Trying To Settle The Case For These Are Honest Lawyers Who Say We Work For You I Had A Great Experience Me And My Mother Auto Accident The Best Lawyers In South Florida Hands Down!!!
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