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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.
Total reviews: 1025 |
Average rating: 4.9
I was injured in a bicycle accident with an automobile in which I accumulated thousands of dollars in medical bills. I contacted Kogan & DiSalvo to see how to handle these bills, they explained the whole process and that I wouldn’t have to pay them any upfront money. I was assigned an attorney and a paralegal who explained every step of the process as it progressed. I dealt with Amanda who answered every question I had and I had a lot of them. They got all of my bills paid.I received payment for a new bicycle as well as a settlement from the accident. I would highly recommend this firm to anyone in need of help.Lastly I would like to thank Amanda who was super helpful throughout this case.
They were absolutely phenomenal!
I am so happy I chose to come to Kogan & Disalvo they welcome me in like family when you go in ask for Jay London and Jess the best they keep me informed on everything excellent service I thank y’all so much keep up the amazing work.
I was injured while shopping at the largest corporate stores in the US. Numerous attorneys at Kogan and DiSalvo helped settle my case with a positive outcome. They set a new standard for case review of unusual elements involving the injuries I sustain ed. After continual delays by the defendants,Tiffani held fast and resolved the issues through mediation. Kogan and DiSalvo came highly recommended by friends in the business. I would also like to recommend this group for your litigation needs.
We were very impressed with the way Rachel and her team handled my mother’s case. They were not only very detailed and professional, but were always available to answer questions and concerns.
I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you.
If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.
From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.
Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!
Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.
I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏
Really nice and friendly people to work with
Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
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