Premises Liability

Jacksonville Premises Liability Attorneys

The term premises liability refers to a broad range of injuries that result due to the negligence of a landowner or occupier. Your injury may have resulted from the failure of a landowner or the occupier’s failure to properly maintain or keep the property clean. Such injuries often result from the landowner or occupier allowing substances to accumulate on the ground; properly maintain walk-ways, stairs or the like, or any other disrepair that the landowner or occupier simply has not cured and that is likely to cause injury to another.

Under Florida law there are different categories of plaintiffs in a premises liability claim. Each plaintiff is owed a different duty by the owner or occupier of the property. On the Plaintiff’s claim, there is a preliminary issue for the jury to decide. That issue is whether the plaintiff falls into the category of an invitee or “invited licensee”, or does the plaintiff fall into the category of a discovered trespasser or an “uninvited licensee”.

 

a. Invitee or invited licensee:

Whether, at the time and place of the incident the Plaintiff was invited on premises owned by or in the possession of the Defendant. A person is invited on land or premises of another when he enters or remains there at the invitation of the owner or possessor. An invitation may be either express or reasonably implied from the circumstances. A person remains invited as long as he/she uses the premises in the customary manner or in a manner which the owner or possessor of the premises might reasonably have expected and at a place where the visitor was invited or where he/she was permitted to be or where he/she might reasonably have been expected to be by the owner or possessor.

b. Discovered trespasser or uninvited licensee whose presence is foreseeable:

Whether, at the time and place of the incident, The Defendant had a duty to use reasonable care for the safety of Plaintiff. A person who owns or has possession of land or premises who knows of a condition on the premises which involves an unreasonable risk of harm to another person on the premises has a duty to use reasonable care to warn the other person of the condition and the risk involved, if the presence of the other person is known *(or reasonably foreseeable) by the owner or possessor, and if the other neither knew nor should have known of the condition and risk by the use of reasonable care.

The next issue to decide is whether the landowner or occupier was negligent toward the class of plaintiff. This determination is dependent upon the class of plaintiff as illustrated above.

a. Landowner or possessor’s negligence toward invitee and invited licensee:

Whether Defendant 1.) negligently failed to maintain the premises in a reasonably safe condition, or 2.) negligently failed to correct a dangerous condition about which Defendant either knew or should have known, by the use of reasonable care, or 3.) negligently failed to warn Plaintiff of a dangerous condition about which Defendant had, or should have had, knowledge greater than that of Plaintiff; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.

b. Landowner or possessor’s negligence toward discovered trespasser or foreseeable licensee:

Whether Defendant negligently failed to warn Plaintiff of a dangerous condition and risk which were known to Defendant and of which Plaintiff neither knew nor should have known, by the use of reasonable care; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.

It is imperative that you obtain an attorney immediately following injury on someone else’s property. Evidence must be gathered and preserved as soon as possible. Often such evidence comes in the form of witness statements and photographs. An experienced attorney can also assure that all responsible parties are held accountable. In some instances an ancillary claim may exist for products liability or more than one party may be responsible for the maintenance of the area in which you were injured.

For example, if you were injured when a staircase gave way at a hotel there may be multiple parties that should be held liable. The hotel should be held liable. If there was a maintenance company hired to repair the grounds of the hotel, it should be liable. If there was a defect in the way the stairs were manufactured, the manufacturer should be held liable. The faster you retain counsel the better likelihood that you make a full recovery from all of the at-fault parties.

Whatever the circumstances of your injury, seeking the guidance of legal counsel immediately is always a good idea. Our premises liability attorneys in Jacksonville are available to help you identify those responsible for your accident and to seek proper medical care and compensation. Call us at (904) 358-3300 for a free case evaluation.

Jacksonville Florida Personal Injury Lawyer and Jacksonville Family Law Attorney Disclaimer:

The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently served our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.

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