Property owners have a duty to keep their property safe for any visitors. The property owner(s) can be held liable if a visitor gets injured on their property.
What are common Premise Liability cases?
- Uneven sidewalks
- Obstruction on sidewalks or aisle
- Spilled water
- Broken or missing rails
- Inadequate lighting
- Malfunctioning doors or window
- Dangerous displayed merchandise
Who can be held accountable under this type of law?
Multiple people can be held accountable for your injuries. These are a few examples:
- Homeowners
- Small Business Owners
- Property Managers of Large Commercial Properties
- Bar and Restaurant Owners
- Tenant Leasing a Rental Property
How will you prove my case?
I will be looking at three main things in order to prove you case:
- If the property owner knew or should’ve known of the dangerous condition(s)
- If the property owner failed to repair or gave a warning of the dangerous conditions
- If your injuries were directly caused by the dangerous conditions
What type of care does the property owner owe me?
Depending on the circumstance of the reason behind your visit to the property. There are three categories you can fall under:
- Trespassers
- Trespassers don’t have permission to be on the property but property owners have limited duty to prevent any injury. Once the property owner knows about the trespasser they must make them aware of any dangers on the property that are easily visible.
- Licensees
- Property owners owe licensees or social guest a second highest amount of care when they are on their property. The property owners must maintain their property reasonably safe and repair all unsafe conditions. They must also warn those guests of any dangers on the property
- Business Invitees
- Property owners owe these guests the highest amount of care. Property owners must keep the property in a safe condition. They have to provide warning for any dangers and repair any dangers. They must also inspect the property frequently to lessen the chances of having any dangers.
What if my child was the one who was injured?
Property owners must take extra steps to make sure the child who enters their property is protected. It does not matter if the child is a trespasser or a licensee. The property owners must protect children from possible dangers that can attract them to.
Does getting bitten by a dog fall under premise liability?
Yes! The property owner has a duty to keep potentially dangerous animals away from guest and must put up warning signs about the dangerous animal. If you are bitten by a dog seek medical attention immediately. Being bitten by a dog it can be very traumatic, seeing a counselor would be able to help you get through it. Then call me to help you get the compensation you deserve.
What damages can I recover?
If someone else’s negligence caused you to have an injury you can claim compensatory damages against the liable party. Compensatory damages include economic and non-economic damages.
Economic damage claim can include medical expenses, lost wages, loss of future earnings, home modifications, and non-medical needs.
Non- economic damages include pain and suffering, loss of consortium, damage to reputation, emotional distress, and loss of companionship.
You may also be able to recover punitive damages. Punitive damages can be recoverable if the liable party acted malice or fraud. These may include the liable party being under the influence while driving, fleeing from the police, and/or reckless driving.
What should I do if I’m injured on someone else’s property?
At the time of the accident it can be very stressful. If you follow these easy steps you will be making your case stronger.
- Seek medical attention
- Take photographs of where the accident took place
- Collect any witness statements
- Obtain a copy of the incident report
- Call me!
Let me help you get all the compensation you deserve because you don’t deserve anything less!
Contact The Reyes Firm at 813-421-3411
We are here for you 24/7 and have the experience to protect your interests and get you the recovery you deserve. Call us today – and above all be safe on the roads!
