Premises Liability
Premises liability law is personal injury law that applies to a property owner who has caused injury to someone on their property. The injured files a lawsuit against the property owner, hence the name premises liability law. If you have questions or need to hire a premises liability attorney in Jacksonville please contact us.
What are the types of premises liability cases?
What makes a personal injury case a premises liability case? Well, everything should be clear about this. A personal injury case would become a premises liability case if the accident or event happened on the property. Common premises liability cases include swimming pool accidents, objects falling on people, dog bites, slip and fall accidents, lack of or inadequate security, landlord/tenant/rental property accidents, elevator and escalator accidents, and more. Most premises liability cases happen when the property owner fails to communicate the bad property conditions or when the property owner doesn’t comply with industry standards.
Who are invitees, licensees, and trespassers?
You must understand the roles of invitees, licensees, and trespassers in any premises liability case. So let’s learn about the three in detail.
Invitees
These are the people every property owner owes the highest duty of care to. Invitees are people or visitors who have been invited onto the property for business purposes. Who makes the invitees? These can be shoppers, visitors to a public place, social guests, and others. Indeed, the property owner has to keep the area in pristine condition. If the danger is present, the onus of communicating or warning the invitees is on the property owner.
Licensees
What about the people that enter a property with no business purposes? These people are on the property for purposes that directly benefit them. But this doesn’t change anything. The property owner must warn the licensees about the potential danger, put signs wherever necessary, and take complete responsibility for the mishap.
Trespassers
Lastly, we have trespassers who have no purpose and might enter the property without permission. However, the lack of consent doesn’t give property owners any leeway. The property owner is responsible for maintaining some degree of reasonable protection. In other words, the property owner is legally liable to keep the property in good shape and ensure the safety of the person entering it.
Which premises liability laws apply to invitees?
Proving the dangerous conditions
The invitee can prove that the condition within the property was dangerous. This can be done by coming up with evidence. However, most of the time, the invitee cannot find any evidence of people getting injured in the past. The invitee can seek other premises liability laws to make a genuine claim.
Foreseeability
The invitee can claim that the condition inside the property was dangerous by putting forward evidence to show the foreseeability of the condition injuring someone. The law must act if the premises owner creates a foreseeable risk-prone zone inside the property. In other words, the fact that no prior injury has occurred because of the risks will not relieve the defendant.
Not implementing industry standards
One of the most used routes to make a genuine premises liability claim is by showing the court that there are industry standards that property owners should comply with. Then, the invitee can demonstrate that the property owner did not adopt the industry standards, which led to developing a dangerous condition.
Regularity of the condition
Another way invitees can render the accident foreseeable is by showing that the condition happened across similar properties with regularity. The claim that dangerous conditions are developing across properties throughout the country can help the invitees demonstrate that the condition was dangerous and could have caused an injury.
The danger is open and obvious
The invitee isn’t bound to warn the property owner about the dangerous conditions within the premises, especially if the danger is open and obvious. Moreover, the property owner cannot argue that the condition was open and obvious, and it was the responsibility of the invitee to stay aware.
Why should you hire a Jacksonville premises liability lawyer?
What are the signs that you need to hire a premises liability lawyer? Well, there are several telltale signs you can check when deciding to bring a premises liability lawyer on board.
There have been significant injuries and losses
Some common injuries in premises liability cases are lacerations, bruises, internal bleeding, broken bones, brain injuries, soft tissue injuries, and others. If the accident within the property has left you with these injuries, you should look for a premises liability lawyer to claim maximum compensation for the troubles caused.
When you need help with a claim investigation
If you are new to legal processes, you will likely find dealing with premises liability cases overwhelming. Moreover, you might need more time to deal with the formalities. This is a sign that you need a Jacksonville premises liability attorney that will explain the premises liability legal process and personally investigate the claim.
When the property owner claims a dispute
You should know that the property owner has the right to file a dispute against your premises liability claim. If this happens, you will need professional help to strengthen your claim by gathering the necessary evidence and building a genuine case.
When you need help with negotiation
You need to learn how to negotiate in a premises liability case. If you are not a strong negotiator, chances are that the opposition will push you back and ensure you do not win the case. This is why you need experienced attorneys in your team that know how to negotiate. Such lawyers will also tell you how to respond during court proceedings.
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