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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.

Total reviews: 1066 |

Average rating: 4.9

5

You know that it is difficult to find a decent lawyer to represent you when you have been injured. It’s especially difficult to find one who isn’t just compassionate but straightforward and willing to listen when times are tough and you think you are at your wits end. This is the AMAZING TEAM of Kogan & DiSalvo. If you are looking for the BEST TEAM in the business then look no further than this firm. From start to finish everything was 100 percent transparent and I never waited more than 24 hours for a response to my calls and emails. They use a wonderful app to track your case and process as they fight for you even though the toughest of cases. I have been blessed to be represented by Dan Collins and his spectacular assistant Lauren. Even when two hurricanes were slamming into the area I was kept informed of their progress on my case. As we get ready to close this case I will always have Kogan & DiSalvo to thank for putting together such a great attorney and paralegal. This duo have gone above and beyond my expectations!!! Kudos to both Dan and Lauren. I will never hesitate to recommend this firm and I am forever indebted to the entire TEAM!!!

5

Highly recommend Daryl Kogan! Extremely helpful and patience with all my questions. If you are need of a law firm that is excellent at what they do look no further!

5

The professionalism inherent in my experience with Attorney Todd Baker and his staff (Debra in particular) was quite commendable. From the initial contact there existed an easy platform for remarkable communications. All calls were answered promptly and explanations were given clearly with much empathy.
Without hesitation I strongly recommend this Firm.

5

(Translated by Google) Thank you for your collaboration, I recommend you 100%, very good work and communication, thank you

(Original)
Gracias por la colaboracion los recomiendo 100 x 100 muy buen trabajo I comunicacion gracias

5

Prompt, courteous, and helpful

5

Samantha juerkhen was the best she helped me ever time I was in pain and
Needed help with paper work anything she’s really the best second to none one the best paralegal in town easly to talk to Samantha actually care about her clients and understand people she’s was blessing to me. Jeremy Nixon thank Samantha

5

Kogan and Disalvo are truly amazing! They were able to settle our case quickly and efficiently! I highly recommend using them for any accident injury lawyer. Thank you!!

5

Great experience, everyone so kind and helpful

5

Jay and Gisselle were very courteous and professional. They handled our case in a timely manner and was successfully handled with our situation. I highly recommend them.

5

They are amazing, they have answered all my questions. Never too busy to answer your call. I would not go anywhere else for help.

5

Jay London is amazing!!! Very attentive and direct. He tells you how it is straight forward which I appreciated so much. Thank you so much Jay for all your hard work and helping me the compensation that I truly deserve.

5

they handled my case very well, and i’m happy with the outcome!

5

Everyone was very nice/professional and attentive to answering questions. Very satisfied with my case outcome.

5

Both Jay and Jessica were helpful and easy to work with. Entire staff appears professional and friendly. An experience that could have been difficult was not. I am happy to recommend Kogan & DiSalvo!

5

I’m truly grateful for the job well done. It was a great firm to work with. They kept me update on the process from start to finish. I truly recommend them.

5

Great attorneys and staff! Lauren and Attorney Collins took great care of everything. Incredible experience with Kogan & DiSalvo contact them for a hassle free experience!

5

Highly recommended!

5

I cannot express enough gratitude for the exceptional service I received from Kogan & DiSalvo. From start to finish, Todd Baker and Deborah played pivotal roles in the success of my case. Todd’s expertise and clear communication gave me confidence throughout the entire process. He truly went above and beyond to ensure my case was handled with the utmost care and professionalism. Deborah was equally amazing, always providing timely updates and addressing any concerns I had along the way.

Together, they made a stressful situation feel much more manageable, and I could tell they genuinely cared about my well-being. Thanks to their dedication and hard work, my case was resolved successfully, and I couldn’t be more satisfied with the outcome. If you’re in need of personal injury lawyers who truly put their clients first, I highly recommend Kogan & DiSalvo.

5

The team, I must say are very knowledgeable and straightforward. I was well informed throughout the process and told me exactly what to expect;and communicated with me frequently with updates and made my experience an unforgettable one and appreciative…so thank you again eveyone..

5

10/10 law firm definitely recommending.

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