Connect with us!
Connect with us!
Table of Contents
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.
Total reviews: 1156 |
Average rating: 4.9
Blake Harper
Charles Lee
Skilled, reliable, and quick to get things done. Truly impressed and would recommend them to anyone!
heather
Im getting paid to give 5 stars they wouldn’t pay me because i put the truth
Rizza Black
The best law firm you will ever work with. Excellent communication and professionalism, they ensure you are always updated throughout the process. Very personable and show your not just another number and check to them.
McDonough
great service thanks
Phillip Pond
Great service, highly skilled and knowledgeable, very professional and good at what they do.
david eddinger
Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.
Eric B
I had a great experience working with Dan and Lauren. They were extremely professional, courteous, and always responsive—no matter how many times I called, they took the time to answer my questions and provide clarity. Their dedication and professionalism truly stood out. I highly recommend them—a great team you can trust.
Alisa Grant
I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
matthew crampton
A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.
purple lillies
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Kelly
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
KELLY MCPHILLIPS
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Kimberly McLean-Hunt
I wanted to take a moment to express my heartfelt gratitude to my lawyer Todd Baker, at Kogan and DiSalvo and all his support and professionalism throughout my case. His expertise and guidance were invaluable, and I truly couldn’t have navigated this process without your assistance.
I appreciate the dedication and patience you and your “team” have shone ;especially during the more stressful moments. Your ability to keep everything on track made a significant difference, and I am thankful for your commitment to achieving the best outcome.
Thank you once again for everything you have done for me.
Kimberly,
Client
Richard Shiver
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
Kimberly Montecalvo
Amazing customer service, help you understand everything,and make sure you dont have any questions or problems.
Taniyah Jackson
I highly recommend this group of lawyers they are amazing! All the staff are very professional and friendly. Thanks
Patt Da Steppa
I had called Kogan and DiSalvo to ask a question regarding my cousin’s motorcycle accident. They were so kind and showed they wanted to help as much as possible. Even though I was just asking a question over the phone, they didn’t push me away or rush me through the call. They took the time to answer my questions and explained it very thoroughly. I just had to stop by and share my delightful experience with them and highly, HIGHLY recommend them! Thank you for taking the time to talk to me and answer my questions, you guys are amazing I mean it
Killa Swift
These guys are exactly what you need in a lawyer!
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.
(561) 375-9500
Call