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It can be frustrating for an individual when they are injured on someone else’s property, especially when the injury could have been prevented. Under Florida’s premises liability law, the property owner can be held responsible, but it is often a complicated and lengthy process.

Individuals must understand the different terms of Florida premises liability law, prove that the owner of the property was negligent, and file the claim within a certain time-period.

Due to the complexity of these cases, it is advised that anyone filing a premises liability claim work with a personal injury lawyer to help them with their case. Kogan & DiSalvo can help you protect your rights and pursue the compensation you deserve. Contact our Boca Raton premises liability lawyers for free today, or call us at (561) 375-9500.
En Epañol.

Invitees, Licensees, and Trespassers

No trespassing private property sign on a fence

Whether an individual can file a premises liability case will depend on their purpose for visiting the property. Under Florida law, visitors to a property are categorized as invitees, licensees, or trespassers.

  • Invitees- Invitees are individuals that have been invited onto the owner’s property and have permission to be there, whether it is implied or direct. Invitees typically include friends, relatives, and neighbors. In these cases, the owner of the property has a duty of care to make sure the property is safe for visiting.
  • Licensees- Licensees also have permission to be on the property, but they are different from invitees because licensees are typically on the property for their own purposes. Licensees often include salespeople and delivery people. Even though licensees are on the property for their own benefit, the owner of the property still has a certain duty of care to keep the property safe for those entering onto it.
  • Trespassers- Of course, trespassers are individuals who are on the property illegally, and without the property owner’s permission. Typically, the property owner does not have any duty of care to trespassers and cannot be held liable for any injuries they sustain while trespassing. There are some caveats to this, such as children that trespass on the property. In some cases, the property owner can be responsible for keeping these trespassers safe.

Determining whether visitors to a property are invitees, licensees, or trespassers can be confusing for some. A qualified premises liability lawyer in Boca Raton can help determine what category a visitor falls into.

What Are Some Types of Premises Liability Cases?

A woman swimming in a pool in a back yard

Slip and falls are some of the most common causes of premises liability cases, but they certainly are not the only ones. Improper security, swimming pool accidents, and needed maintenance that has been neglected are all also common cases of premises liability.

In Florida, there is another case of premises liability known as attractive nuisances. In these cases, an item on the property may be attractive to children, but they are not properly secured or maintained.

For instance, if there was a swimming pool on the property that did not have a gate or fence around it, and a child wandered onto the property and got hurt, the owner could be held liable for any injuries.

Proving Premises Liability

A file folder tab labeled "Evidence"

Not every injury is a case for premises liability, even if the injury occurred on someone else’s property. To prove a premises liability, an individual must be able to prove four things:

  • The defendant (owner of the property) was the owner, occupant, or lessee of the property
  • The defendant failed to exercise reasonable care and keep the property in safe conditions
  • The plaintiff (individual filing the lawsuit) was injured
  • The injury was due to the defendant’s negligence or lack of care

An experienced premises liability lawyer in Boca Raton can help argue and prove a premises liability case.

Contact the Premises Liability Lawyers at Kogan & DiSalvo Today

The attorneys at Kogan & DiSalvo in front of their office building

In most Florida premises liability cases, an individual only has two years from the date of injury to file a premises liability claim and get compensation for their injuries. Because of this, if you have been hurt on someone else’s property, contact the premises liability lawyers at Kogan & DiSalvo today, or call (561) 375-9500 to get help with your case.

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Average rating: 4.9

5

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!

5

Love this firm!

5

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.

5

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!

5

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!!!!

5

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!

5

It was a great experience. I appreciate everything you all did for me.

5

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.

5

I feel you are on top of my case thanks.

5

(Translated by Google) I received very good advice. Excellent attention.

(Original)
Recibí muy buena asesoría. Excelente atención.

5

They did everything for me! It’s was easy and convenient.

5

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.

5

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.

5

Thank you for being there.

5

Professional team that made me feel like a priority.

5

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!

5

This firm has did an amazing job

5

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.

5

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!!!

5

I had a wonderful experience working with this team especially Mia, Amanda and Rick. They were very communicative and worked great together in getting the best outcome for me. Definitely a good camaraderie. I highly recommend Kogan and Disalvo team to everyone, they are supper professional and beneficial ! GREAT TEAM!

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