Premises Liability FAQs
Can a person recover damages for injuries sustained on someone else's property?
I was attacked in the parking lot at the mall. Who can be held responsible?
Why would I need an expert witness for a premises liability case?
I think I may have a case. What should I do before contacting an attorney?
Can a person recover
damages for injuries sustained on someone else's property?
Possibly. The legal concept of premises liability holds that
a property owner is responsible for maintaining a reasonably
safe environment for people who have access to the property.
If the property owner fails to do so, and a serious injury
results, the victim has a cause of action against the
property owner.
However, the nature and extent of the property owner's duty will vary depending upon the facts of the situation and the jurisdiction in question.
In the state of Florida, the person who is responsible for maintaining a property in safe condition (the controller) is liable if someone is injured due to negligent maintenance. That person could be the property owner, occupier or tenant. A Florida premises liability lawsuit could name any of those individuals. The duty that the controller owes to the person who comes on the premises depends on why the person injured comes. Visitors fall into three groups:
- Business invitee – visits a property for business purposes. Controllers of property owe the highest duty of care to business invitees. They must keep the property in a safe condition and warn invitees of any danger the owner knows or should know about.
- Licensees – are people who come to a property for social reasons. These are social guests who come at the real or implied invitation of the property owner or occupier. The invitation might be implied, when a friend or relative drops in unexpectedly for example. These kinds of visitors are still considered invited guests. The controller of the property is expected to repair any unsafe conditions or warn an invitee about dangers that exist.
- Trespassers – those who enter a property without permission from the property owner or controller. They may be taking the shortest route to an adjacent property or maybe they intend to steal something. Whatever their purpose, they are all entitled to the same degree of protection. The controller of the property must not intentionally or recklessly injure them. If the trespassers are children, however, a different rule applies. Children are curious and aren't able to judge dangerous situations as adults do. A property's controller is liable for a child's injuries if there is anything dangerous on the property and children are known to come or can be expected to come there.
Any personal injury claim can be complex, involving multiple negligent parties, and overlapping laws. The simple rule of thumb is: if you have a serious injury that you believe was caused by the negligence of someone else, contact a premises liability attorney at Chalik & Chalik Law Offices
I was attacked in the parking lot at the mall. Who can be
held responsible?
Generally, the owner or owners of a business are responsible
for reasonable security on their property or premises.
Adequate lighting, for example, is an essential for safety.
A significant period of criminal activity on or around a
property would also show a property owner that additional
security is required to prevent such criminal acts. This
could be used to prove an owner's liability for later
criminal acts.
Why would I need an expert witness for a premises liability
case?
There are times that an expert witness can be used to good
advantage in a premises liability case. This is particularly
true if a case goes to a jury. Medical experts, contractors,
economists, and others may have special knowledge that a
jury needs to understand in order to assign damages
properly.
I think I may have a case. What should I do before
contacting an attorney?
You should do the following:
- Document all events in a journal, including doctor’s visits, and any contact by anyone regarding the accident. Photograph your injuries from day one.
- Do not speak to anyone regarding the accident, such as an insurance agent or adjuster without contacting your attorney.
- See an attorney as soon as possible to discuss this. You can always elect to drop the matter, but it is important to see that your rights are preserved.
- Contact a premises liability attorney at Chalik & Chalik Law Offices
For more information, please see our Premises Liability page.
