Melbourne Premises Liability Lawyer
When you visit a store, restaurant, amusement park, or any other place that is customarily open to the public, you have a reasonable expectation that the premises are kept in safe condition. Obviously, accidents can happen anywhere at any time even if everyone acts responsibly. But oftentimes, slip and fall and similar accidents that occur on public premises are the result of negligence on the part of the property owner.
If you have been injured on someone else’s property, an experienced Melbourne premises liability lawyer can review your case and advise you of your rights with respect to seeking compensation. The Pendas Law Firm represents many people like you who have been injured in preventable accidents caused by slipping and tripping hazards that were not remedied by premises operators. We can fight for your right to seek damages for your medical bills, lost income, and other losses arising from such accidents.
What Are Your Rights as an Accident Victim?
To be clear, Florida law does not automatically hold property owners responsible for all accidents that may occur on their property. An owner is only required to keep their premises in reasonably safe condition. Furthermore, an owner’s exact legal duty depends on the status of the person who was injured, which can be broken down as follows:
- An invitee has the highest degree of legal protection. An invitee is basically anyone who is invited to enter or remain on the premises as a member of the public. This applies to anyone shopping in a store, for example, who are known as “business invitees.” A property owner must keep their property in reasonably safe condition for invitees and warn invitees of any “concealed dangers” that are not readily apparent to the invitees.
- A licensee is someone on the premises for their own convenience without the express or implied invitation of the owner. Essentially, anyone who is lawfully on the property but is not an invitee is considered a licensee. A property owner has a lesser degree of responsibility with respect to a licensee’s injuries. This duty includes avoiding willful misconduct or wanton negligence that injures the licensee, as well as warning them of known dangers not readily observable.
- A trespasser is anyone on the premises without invitation, license, or other legal right. A property owner owes no legal duty to protect a trespasser from dangerous conditions on the property. But an owner could still be liable for committing “willful and wanton injury” against a trespasser.
Florida law further establishes that in slip and fall cases involving a business establishment, the plaintiff must prove the business “had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”
Contact The Pendas Law Firm Today
Premises liability cases are often more difficult to win than you might think. Business owners and their insurance companies are quite adept at defending against such claims, often by claiming they lacked actual or constructive knowledge or even shifting blame to the victim. That is why it is important to work with a skilled Melbourne premises liability attorney who understands how to build and win these types of claims.
So if you have been injured in an accident on someone else’s property and need legal advice on what steps to take next, contact the Pendas Law Firm today to schedule an initial consultation.
