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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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Shamyra Bailey
Christina Lowe
It is such a relief to have injury lawyers like these here in West Palm Beach.I always know who I can rely on if I am ever injured.
Kevin Smith
Amazing attorney very responsive and friendly
Luis Vidal
I would highly recommend Kogan & DiSalvo they were absolutely terrific from my first contact all the way to my settlement check their staff were there all the way. Luis V.
Antonetta Capofarri
The best decision I made was contacting kogan and the DiSalvo after my car accident I was blessed to have Todd Baker work on my case as for he was not only a lawyer representing me in tough times but he was extremely caring about me my personal life my children my health and not only did he go above and beyond by doing a video mediation while I was at the hospital but also actually drove to my home so that I was available on an important phone call when he couldnt reach me. I also had the pleasure working with Debora Tejada she was amazing updating me every step of the way.
There work together won me the maximum amount for my case. I was blessed to have met these people and have them work on my case. Thank you Todd Baker and Debora Tejada for everything.
Rock Nroll
Hello everyone that may be interested or thinking about getting representation by a lawyer. This group of lawyers and staff will go out of their way to make sure you have a stress free experience from the first day to the last.
Accidents can be stressful and your in pain and you don’t know what to do or even how to go about doing it . They will one focus first and foremost on getting you medical help to get you out of the pain your in . They will check in with doctors and call you personally to see how you are and how your feeling. They are good people here . This company really do give you this family old school feel. I certainly appreciate all the help and keeping me stress free and anxiety free during this whole process.
Just a note every single person from lawyers to office staff are fantastic.
Thank you to everyone shout out to you Jay for your help from start to finish .
Malik Hylton
Outstanding Legal Representation – Highly Recommend Kogan & DiSalvo!
I cannot say enough great things about Kogan & DiSalvo Personal Injury Lawyers! From the very beginning, their team was professional, compassionate, and incredibly knowledgeable. They guided me through every step of my case, always keeping me informed and making me feel confident that I was in the best hands.
Their attention to detail and dedication to their clients are truly unmatched. They fought tirelessly to ensure I received the compensation I deserved, and the outcome exceeded my expectations. What sets them apart is their genuine care for their clients—they treat you like family, not just another case.
If you’re looking for a personal injury law firm that is skilled, trustworthy, and committed to getting results, I highly recommend Kogan & DiSalvo. They are simply the best!
A. Christine
I had the pleasure of being able to follow my attorney Paul S., over from his prior firm. Which was the Best decision made considering Paul was very hands on and empathetic to the complications this whole ordeal has accident has caused. Completely changed my quality of life/families lives too!!
Paul always made me up to date, informed when available, and less alone through the entire process by simply showing compassion and empathy especially in my family’s time of need by listening and being a call away!
I am forever grateful and will never use any other firm than Kogan & DiSalvo. Especially without my favorite attorney by my side!
Thanks a million FAm, especially you Paul S
A. Shipley
Tampa Florida 33510
Thomas Clark
They always take your call. They are very friendly and caring. They do their best to keep you updated throughout the entire process. Thank you
Joshua Keefe
Best personal injury attorney in Delray Beach!!
Leeann Gibbs
The team and attorneys here are very thorough and knowledgeable. They have a proactive approach to all that they do and ensure everything is taken care of throughout the whole process. I highly recommend them to anyone in need of a car accident lawyer
Tabitha Cook
After speaking with them on the phone, I can assure you these guys know what they’re doing. The level of knowledge and professionalism they show, along with the personal touch, and care they give, is what truly sets them apart from other personal injury lawyers in Tampa.
Andrea Drury
Fantastic communication.
Terrese Franklin
Very knowledgeable and caring attorneys and team here at Kogan & DiSalvo Personal Injury Lawyers.
Brandon Martinez
Very honest company and great customer service.
I highly recommend contacting them!
5 stars!!
Maria Cavaliere
This layers work with you, guide you all the way through the whole process and then hand you, your reward. Thanks Kogan & DiSalvo
Kalvin Moquete
Awesome legal team and services. Jay London was amazing and definitely a 5 star experience! Thank you!
Kellie Thrift
I had the privilege of working with Attorney Paul Silvestri and Litigation Paralegal Debra Tejada, who I fondly refer to as the A+++ Team! In August 2023, my husband and I were rear-ended just 10 days after relocating back to Florida. It was a particularly stressful time, and the insurance company was uncooperative. However, Attorney Silvestri expertly navigated the complexities of my case, utilizing his vast legal knowledge to advocate on my behalf. Debra was consistently attentive, answering all my questions with both intelligence and a warm, personable demeanor. I truly felt that both of them were deeply committed to not only resolving my case but also to ensuring my well-being throughout the process. Thanks to their hard work and dedication, my case has now been successfully settled, and I am extremely satisfied with the outcome. My heartfelt thanks to both of you!
Silvana Rodriguez
Leslie was the one handling my case and she gave me updates and Guided me thru out the process of my case she handle everything and made me feel like someone care. Very happy with the service she provided it thank you !!
Reginald
Very detailed oriented
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