Florida premises liability law.
Property owners owe the highest level of care to business invitees when they enter their home for a business reason such as a construction job to work on the property. In the State of Florida, property owners have a duty to make sure that their properties are safe for visitors. If a visitor is injured on someone else’s property, he or she may initiate a lawsuit against the property owner. The body of law that deals with these types of suits in Florida is known as premises liability law.
Homeowner actions impact risk of legal claim.
A homeowner can reduce risks of being sued for damages by exercising control or not exercising control, when professional workers come on to a property. In either case, if something goes wrong and an injury is the result, the injured contractor can try to sue for damages. In a situation where you do not exercise control leaving the contracting company in charge without your input and something goes wrong, a homeowner may be able to sue the contractor. Conversely, if there is some dangerous imperfection in the home that you do not point out and it caused an accident with injuries, a suit for damages can be initiated. If you try to control the situation by involving yourself in the work environment and your actions cause an injury to a worker, it could work against you in a court of law. It is very important to have legal counsel who understands premises liability law and how to make sure a claim is solid.
Necessary elements for successful claim.
In successful premises liability lawsuits, the injured party must prove that the injuries sustained were caused due to the property owner’s negligence, or the inability to maintain a safe environment for the business invitee because:
- A property owner knew of or created a dangerous condition,
- A property owner failed to remove or give warning to the dangerous condition,
- The injuries occurred due to the dangerous condition on the premises.
There are times when a property owner may be unaware of a dangerous condition on their property, and if a business invitee notices a dangerous condition they should exercise reasonable care for their own safety.
Types of damages.
In the State of Florida, the courts award both punitive damages and/or compensatory damages. Compensatory damages are those that will compensate a victim for a loss that can be measured or calculated; and punitive damages are those that will be a punishment to the person who caused the damage. Personal injury cases usually do not have punitive damages unless a willful act caused the damage.
Damages are classified as economic or non-economic. Economic damages include: 1) medical expenses, lost income, property replacement values, loss of services, and funeral expenses related to loss of life due to the dangerous condition. Non-economic damages include loss that is not financial in nature such as: 1) anxiety, 2) pain and suffering; 3) loss of capacity to enjoy life; and 4) inconvenience caused by the accident.
Hire a Lawyer.
Jeffrey A. Rosenberg is a qualified, skilled personal injury attorney who can help you gather the information needed to pursue your personal injury case due to an accident in a Boca Raton Florida residence.
Law Offices of Jeffrey A. Rosenberg
5255 North Federal Highway 3rd Floor
Boca Raton, FL 33487
Phone: (561) 508-8800