Tampa Premises Liability Lawyers

Protecting Your Legal Rights & Best Interests

When you are lawfully present on another person’s property, you have the right to be reasonably protected from the risk of serious injury due to unsafe conditions. If this right is violated through the negligence of the property owner or manager, you may have the right to pursue a claim for the injuries you sustained. This is known as premises liability law.

If you believe your injuries were caused by safety hazards or conditions which could have been reasonably prevented, you should talk to one of our lawyers at Harmon Parker, P.A. Our firm has a reputation for excellence built on decades of results-driven and client-focused experience led by a Florida board-certified civil trial lawyer. You may be eligible to seek damages for your medical expenses, lost wages, pain, and more through legal action.

Bring your case to a team that knows how to get results. Contact us at (813) 452-4144 for a free consultation.

Premises Liability Law in Florida

In general, to be awarded damages for your injuries it must be proven that the property owner or manager had knowledge or should have had knowledge of an unsafe condition on the premises, that the owner or manager failed to fix the unsafe condition or warn visitors of its existence, and that your injuries were caused by the unsafe condition.

Premises liability claims can be based on:

• Slippery or wet floors
• Poor or broken lighting in hallways, pathways, stairwells, etc.
• Broken or loose handrails
• Uneven sidewalks or surfaces
• Obstructions in aisles, paths, stairwells, etc.
• Defective construction
• Negligent security

The most common accident that can be sustained due to property hazards include slips and falls, resulting in a wide range of injuries. These can include sprains, fractures, brain injuries, organ damage, and spinal cord injuries. Such injuries can lead to a lost capacity to work, ongoing medical treatment, and long-term or even permanent disability.

Determining Liability in Your Premises Liability Case

One essential element of any premises liability claim is determining the liability in the situation. In order to file a successful personal injury claim, you will need to prove that the owner or property manager was negligent and had violated his or her duty of care.

You will need to establish the following:

• The property owner was aware of the hazard

• The property owner did not take action to remove the hazard

• The property owner’s negligence was the direct cause of your harm

• You suffered damages as a result of the accident

Proving fault for premises liability is a complicated process, and it is important that you have a knowledgeable and powerful attorney by your side. Don’t try to handle this step on your own. Our team can help you hold the property owner legally responsible for the suffering you have undergone.

Invitees vs. Licensees vs. Trespassers

It is important to note that property owners are not always subject to the same level of liability under Florida premises liability law. Under Florida law, how much a property owner will be required to compensate an injured party will vary depending on how the victim is legally classified regarding their status on the property.

Visitors in Florida are legally divided into the following categories:

• Invitees: An invitee is a person who is invited onto a property for the benefit of the property owner. Invitees can either be considered "business invitees," such as a customer shopping in a store, or a "public invitee," such as someone who is visiting a public park or library. Invitees are owed the highest duty of care from property owners in Florida and are afforded the greatest legal protection in the event of an injury. Property owners must use reasonable care to maintain their premises in a safe condition for invitees and to provide warning of any hidden hazards that are known or should be known.
• Licensees: Licensees are slightly different from invitees in that while they have permission to be present, they are there for their own amusement rather than the benefit of the property owner. An example of a licensee would be a social guest at a party or a visiting friend. Property owners still have a duty to warn licensees of potential hazards, but the protections afforded to licensees is less than that of an invitee.
• Trespassers: Finally, trespassers are individuals who enter a property without the permission of the property owner. Even though they may not have permission to be on the property at the time that they are hurt, trespassers are still afforded some degree of reasonable protection under the law, though it is the lowest of the three categories of visitors. For example, trespassers may be awarded civil damages if they are injured by traps intentionally set by a property owner.

Premises Liability and Children in Florida: The "Attractive Nuisance" Rule

The exception to these premises liability rules applies when the injury victim is a child. Children are naturally curious and are likely to trespass unintentionally. Additionally, children are not able to properly assess levels of danger compared to an adult. An open swimming pool, hot tub, discarded refrigerator, or dangerous machinery can all be considered "attractive nuisances" that can lure children into trespassing and expose them to harm. Property owners can be held liable for injuries to children under this rule if they fail to take reasonable precautions to protect them from these types of hazards.

Talk to a Tampa Premises Liability Attorney from Harmon Parker, P.A.

Premises liability accidents can occur anywhere, from grocery stores and amusement parks to hotels, restaurants, sports arenas, and office buildings. If your accident was caused by someone else’s negligence, you need a strong legal advocate who knows how to fight for what you deserve at the negotiation table or in the courtroom. Our legal team has the qualifications needed to maximize your chances for success.

Let us review your case today. Contact us online or at (813) 452-4144.