Harm can happen anywhere. People can slip and fall or get injured in a restaurant, store, amusement park, gym, or when visiting friends and family in a private home. What most people don’t realize is that the property owner has a duty of care to visitors and you may be eligible for compensation.

If you’ve been injured on someone else’s property, whether you’re dealing with a slip and fall, a dog bite, or an assault that occurred due to poor property maintenance, contact Flaxman Law Group for a free consultation to find out if you’re eligible for compensation.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property if that property has unsafe conditions. These hazardous conditions can include spills, old wiring, faulty security systems, inadequate lighting, unkempt walkways, or dangerous structures.

Under Florida premises liability law, property owners have a duty of care to maintain safe conditions, though the duty of care owed depends on the visitor’s status, such as whether they are a guest, a tenant, or a trespasser. In general, though, property owners are expected to take reasonable care to offer safe conditions for visitors. If a hazard cannot be fixed, property owners should post signs or otherwise warn visitors of the danger. 

For example, a store owner must take reasonable steps to ensure that their store is free from hazards. This may include posting “wet floor” signs after cleaning floors and it may mean repairing cracked floor tiles that pose a tripping hazard. Similarly, landlords should address hazards, like faulty stairways or poor lighting, promptly so that no one is injured. If these property owners fail to take such reasonable action, they can be held liable if their negligence leads to an injury.

Types of Accidents Falling Under Premises Liability

Premises liability cases arise from various types of accidents. Since premises liability claims can occur in a wide range of circumstances, there are many types of accidents that can lead to this type of claim:

• Slip and fall accidents. Slip and fall accidents are among the most common types of premises liability claims. These accidents occur when someone slips, trips, or falls on a property due to unsafe conditions such as wet floors, uneven surfaces, or cluttered walkways.
• Construction site accidents. On busy construction sites, it’s crucial that site managers post safety signs and organize the site to prevent accidents. Construction site accidents are often premises liability accidents, with the owners of the site and the construction company often the liable party.
• Dog bites. Property owners are often responsible for ensuring that their pets don’t pose a danger to visitors. If a dog (or other pet) attacks or bites someone on the property, the owner can be held liable for any injuries caused. This is especially true if the owner was negligent and let the pet run free.
• Assaults. If an individual is assaulted because of inadequate lighting, lack of security personnel, or poorly designed entryways, the property owner may be responsible. This is especially relevant in cases involving apartment complexes, businesses, or public properties where a failure to secure the premises can lead to violent crimes.
• Nursing home abuse and neglect cases. Nursing homes are expected to take extra care to create a safe environment for residents and their visiting families. If you visit a nursing home and slip on water because the home didn’t clean up spills adequately, you may have a nursing home claim.
• Swimming pool accidents. If a property has a swimming pool, the owner has a duty to ensure that it is properly secured, which can include installing gates or fences around the pool to prevent unauthorized access. Even if a child trespasses into a private pool area, the property owner can be held liable if the area wasn’t currently secured.
• Falling object accidents. A common premises liability case involves accidents caused by falling objects. If an object, such as a sign, piece of equipment, or loose ceiling tile falls and injures someone, the property owner could be liable if the object was not properly secured.
• Exposure. Individuals who are exposed to hazardous substances like mold, asbestos, lead paint, or other toxic chemicals can hold a property owner liable in some cases. For example, landlords can be held liable if they don’t take care of their property or fail to warn tenants about a building’s dangers.

The two places where we spend the most time are at work and in the home. Can you have a premises liability claim if you’re injured in one of these spaces? Usually not, but it’s valuable to speak with premises liability lawyers in Hollywood, FL to get a full evaluation of your situation.

At home, you may not have a premises liability claim but you may have a products liability claim if an unsafe product, such as a home appliance, caused your injuries. In the workplace, you may have a workers’ compensation claim, which can help you secure benefits to pay for medical costs and replace part of your income.

If you’re injured, don’t assume you don’t have a claim. Get the facts. Contact Flaxman Law Group for a free consultation and we can explain whether you might have a claim, what that claim may be worth, and how you might go about securing any compensation you’re entitled to.