Whether you are out running errands at the mall or spending your weekend grocery shopping, you expect the property to be well-maintained. Yet those who have ever been hurt on someone else’s premises will confirm: some property owners do not always look after it as well as they should.
If you were injured on someone else’s property, consider reaching out to a qualified Delray Beach premises liability lawyer today. Our team at Elstein Legal has substantial experience in holding property owners accountable for their negligence.
What is Premises Liability in Florida?
Premises liability is a type of negligence statute that makes a property owner responsible for injuries that occur on their estate. To determine whether a property owner is liable for a person’s injuries, that individual needs to be labeled according to their purpose for entering the property.
Property owners most often owe some duty of care to two types of people:
Invitee
An invitee is an individual that received a direct invitation from the owner, the property is open to the public, or they were on the property to conduct business with the owner. People in this category can include customers in a grocery store, museum, or another place of recreation. It also includes employees and people who are invited onto the property for social reasons.
Property owners are likely accountable for injuries to an invitee when the owner intentionally caused injury to the invitee, failed to warn the invitee of a known hazard, or failed to maintain reasonably safe conditions on the property.
Licensee
These are individuals who are on the premises for their convenience, pleasure, or benefit. Their presence is tolerated or permitted by the property owner. An example of a licensee would be a guest at a party, or a family member or friend visiting.
Property owners responsible for injuries to a licensee when the injury was caused by gross or wanton negligence or there is a known danger that the property failed to warn the licensee about.
Trespasser
A trespasser enters another person’s property for reasons of self-interest, without a license, permission, or invitation. In this case, the owner’s responsibilities are more complex.
It is highly recommended to work with an attorney to define the liable party, as well as what losses could potentially be compensated.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
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If you or a loved one has been injured in an accident, you deserve expert legal representation to seek the justice you deserve and obtain fair compensation. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.