Premises Liability: Understanding Your Rights and Responsibilities
Accidents can happen anywhere, at any time. Whether you are a property owner or a visitor, it is essential to be aware of the legal concept known as premises liability. Premises liability refers to the legal responsibility of property owners or occupiers to ensure the safety of individuals on their premises. At HAWM Law, we will assist you with premises liability and determine the steps you should take if you find yourself involved in a premises liability incident. Our experienced Central Florida Personal Injury attorneys are here to help bring your personal injury claim today.
What is Premises Liability?
Premises liability encompasses a wide range of situations, including slip and fall accidents, inadequate maintenance, defective conditions, and negligent security. The underlying principle is that property owners have a duty to maintain their premises in a reasonably safe condition and warn visitors of any known hazards.
Duty of Care
To establish a premises liability claim, certain elements must be proven. First, it must be demonstrated that the property owner owed a duty of care to the injured person. This duty typically applies to visitors or customers but may vary depending on the circumstances. For example, a higher duty of care is owed to invitees, such as customers, compared to trespassers.
Breach of Duty
Second, it must be shown that the property owner breached their duty of care by failing to address a hazardous condition or provide adequate warning. The hazardous condition could be anything from a wet floor to a broken staircase or inadequate lighting. The crucial factor is that the property owner knew or should have known about the danger but failed to take appropriate action.