Alafaya Premises Liability Lawyer
In Florida, property owners are required to take certain measures to keep their premises safe for visitors. The type of property in question will also largely dictate what kinds of steps the owner must take in an effort to keep the property hazard free. A business owner, for example, who regularly invites others onto his or her property for a commercial purpose, owes the highest duty of care to visitors and so must conduct regular inspections of the property, warn visitors of hazards, and address any disrepair or problems with cleanliness. Private property owners, on the other hand, while still required to take some measures to keep their premises safe, aren’t required to go to such great lengths, but must ensure that visitors aren’t at risk of being injured by a hidden or non-obvious hazard.
While many property owners are careful to keep their premises safe, an alarming number fail to do so, which can have devastating consequences for unsuspecting visitors. Fortunately, it is possible to hold negligent or reckless property owners liable for their failure to fulfill their responsibility towards visitors, so if you were hurt in a slip and fall accident or were otherwise injured on someone else’s property, it is important to contact an experienced Alafaya premises liability lawyer who can help you seek compensation for your losses.
Types of Premises Liability Claims
While slip and fall accidents may be the first thing that comes to mind when thinking about premises liability, the reality is that a wide range of accidents fall under this category, including:
- Dog bites or animal attacks that occur on someone else’s property;
- Accidents involving collapsed scaffolding or shelving;
- Assault or theft resulting from a failure to provide reasonable security to visitors;
- Exposure to hazardous materials and toxic substances; and
- Swimming pool accidents, involving drowning, near-drowning, falls, or exposure to dangerous bacteria or chemicals.
Whether or not an accident victim can file a claim in these cases will depend on that person’s status as a visitor, as well as the strength of the evidence demonstrating the property owner’s negligence.
Elements of a Premises Liability Claim
Premises liability claims can be filed against any type of property owner, including private homeowners, businesses, and even government agencies. However, accident victims will only be able to recover if they can prove that:
- A condition on the property posed an unreasonable risk of harm to visitors;
- The property owner knew of, or should have known that the condition existed;
- The property owner knew that the hazard wasn’t open or obvious;
- The property owner failed to address the hazard or to warn visitors about its existence; and
- The plaintiff sustained an injury as a result of the property owner’s negligence.
Proving that these elements have been fulfilled in a specific case requires strong evidence obtained from photos taken at the scene of the accident, eyewitness testimony from anyone who saw the accident occur, reports of similar incidents, and video recordings of the accident.
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If you were injured on someone else’s property, please contact the experienced Alafaya premises liability lawyers at Israoui Law by calling 407-381-4529 for a free evaluation of your case.