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When an individual invites another person onto his or her property, the individual has a duty to the houseguest, customer, or client, to ensure the property is safe for visiting, shopping, or conducting business.
Failure to meet basic safety standards can lead to serious injuries and expose a property owner to premises liability. If you've suffered injuries due to the negligent condition of another person's property, you may have a right to recover for your injuries.
If you've been the victim of a slip and fall accident on another person's property, an attorney can help you get the compensation you deserve for your medical bills, lost work and other damages.
The slip and fall attorneys of Germain Law Group have the skill and experience to negotiate a settlement that will truly cover the cost of your losses or pursue the appropriate damages in court. Contact the Tampa premises liability attorneys of Germain Law Group at (813) 835-8888 to schedule a confidential consultation.
Germain Law Group represents victims of slip and falls and other premises liability cases throughout Florida, including Hillsborough County, Paso County, Hernando County, Citrus County, Polk County, Sumter County, and the surrounding areas.
The liability of the property owner in a slip and fall case will depend on the extent to which that person has a right to be on that property. There are three levels of visitors to property under law, invitee, licensee and trespasser.
The property owes a different "duty of care" to each classification. The duty of care means the degree to which the property is responsible for mitigating or warning the person of dangerous conditions on the property.
Invitee: An invitee is a person who has been invited onto property. In most cases, this means customers in stores and businesses. The property owner has the highest duty of care to invitees.
A property owner has a duty to inspect the property for dangers, the duty to warn invitees of dangers that cannot immediately be fixed, and the duty to help any invitees who are in danger. Invitee does not necessarily include a houseguest.
Whether a property owner has breached a duty to an invitee depends on the specific facts of the case. For instance, a bottle of juice falls on the floor in a grocery store. The grocery store owner has a responsibility to periodically check for such hazards.
If a customer falls 10 seconds after the bottle breaks, the store may not be liable, but as time passes the store does bear legal responsibility. Once the juice is discovered, the store must clean the area and notify customers the area is hazardous. If the store fails, any injured person may be able to recover.
Licensee: A licensee is a person who has permission to be on a person's property. This includes houseguests to a person's home. A property owner has a duty to warn licensees of known dangers that the licensee would not immediately see.
For example, if the homeowner has been repairing the stairs in her house and know of an insecure handrail, she would have the duty to tell a houseguest to watch out for the hazard.
Trespassers: A trespasser does not have permission to be on the property. It is a common misconception that a property owner does not have a duty to the trespasser. A property owner has the duty to not harm or trap an undiscovered trespasser. He or she must also warn discovered or anticipated trespassers of deadly conditions.
It's important to remember that, even if you are a trespasser, it's possible you were owed some duty by the property owner to prevent the accident.
Slip and fall accidents are the most common types of premises liability cases. As a result, individuals often use this term to refer to any accident or injury that occurs due to some a property owner’s failure to maintain safe conditions on his or her property.
A cause of action under premises liability may be brought in the following cases:
The aforementioned list is not exhaustive. An experienced premises liability lawyer can determine whether you have a premises liability claim based on the unique facts in your case.
National Crime Victim Bar Association ǀ Civil Justice for Victims of Crime in Florida- The National Crime Victim Bar Association created an information pamphlet on pursuing civil action for criminal acts. The pamphlet includes information on types of civil suits, why to file a civil suit, and damages available.
The experienced lawyers of Germain Law Group represent individuals in all premises liability cases, including slip and fall, negligent security, retail store accidents and sidewalk accidents.
Based in Tampa, Germain Law Group proudly represents clients in premises liability cases throughout Hillsborough County, including Tampa, Temple Terrace, Plant City, Bay Crest Park, Hunters Green, and surrounding areas.
Contact Germain Law Group at (813) 835-8888 to schedule a confidential review of your case.