Premises liability deals with the legal relationship between property owners and visitors,
guests, customers, etc. This might include the relationship between a
store and customer, a landlord and tenant, or a hotel and a guest. Regardless
of the plaintiff-defendant relationship, premises liability can be complicated.
Below, you will find some common questions related to these cases.
What is the property owner's legal obligations?
By law, property owners are obligated to provide a reasonably safe environment
for guests and visitors. Anything on the property that creates an unreasonable
risk of harm may constitute legal negligence.
How can I prove negligence in a premises liability case?
Proving negligence involves four steps. First, you must show that the
property owner had a "duty of care" - he / she was obligated
to provide a safe premises. Second, you must prove that the property owner
was negligent. Third, you must demonstrate that you suffered an injury,
and finally, you must show a correlation between the defendant's negligence
and your injury.
Can I sue the city if I trip and fall on a poorly maintained sidewalk?
In most cities, the local government does not allow these types of lawsuits.
If, however, you live in a town that does not restrict suits against the
local government, you might be able to pursue your case.
What if I am partially responsible for my injury?
In Florida, you can seek compensation for your personal injury even if
you were partially responsible for it. The court will determine your level
of contribution to the accident and then deduct this percentage from your
overall recovery. With the help of an attorney, you may be able to minimize
the amount of money taken from you.
Can I seek compensation if I was injured at a neighbor's house?
Sometimes. Depending on the circumstances of your case, you may be able
to recover money from your friend or neighbor. Generally speaking, social
guests can recover compensation for premises liability if the host did
not inform them of potential risks, such as an uncovered hole in the backyard.
Need more information?
Call our Clearwater personal injury attorneys today. If you suffered an injury, we'll provide a free legal review
of your case.