Naples Premises Liability Lawyer
On any given day, you are likely to visit several public establishments, such as stores, restaurants, or even government buildings. You probably do not think about your safety when you enter these places. But there is always a potential risk of tripping or slipping on a hazard, such as a puddle of water in a supermarket aisle or a piece of torn carpet in an office building.
If you are injured in such an accident, the property owner may be liable for your medical bills, lost income, and other monetary damages. An experienced Naples premises liability lawyer can review your case and advise you of your options. The Pendas Law Firm represents individuals throughout Collier County who have been injured due to the negligence of a property owner. We can assist you in recovering full and fair compensation for your injuries.
How Does Premises Liability Work in Florida?
To be clear, just because you are injured on someone else’s property, that does not automatically make the owner responsible. Florida law is quite complicated on this subject. An owner’s potential liability depends on a few different factors:
- The status of the injured person. If you are “welcome and invited” onto the property–say you are a customer visiting a store during business hours–the owner must take reasonable steps to ensure your safety on the premises. This includes conducting regular inspections to identify potential hazards. If you are a social visitor on someone’s property, such as visiting a friend’s home, this standard is not as strict. And if you are a trespasser, the owner is not liable for any injury you sustain unless the owner hurt you intentionally.
- Actual or constructive knowledge. When you are injured as the result of a dangerous condition, the property owner is only liable if they actually knew of the hazard beforehand or they had “constructive knowledge,” i.e., they would have seen the problem had they taken reasonable steps to find it.
- Proximate cause. In any personal injury claim, the plaintiff must establish that the defendant’s negligence was the immediate or “proximate” cause of their injury. So you need to show your injuries were the direct result of a hazard that the property owner failed to correct or warn you about.
It is also important to understand that Florida follows a pure comparative negligence rule in premises liability cases. In plain terms, this means that the property owner can argue that your own reckless or negligent acts contributed to the accident. For example, the owner can say the hazard was open and obvious to anyone who was paying attention to where they are walking. If a jury believes you were partly at-fault, any damage award you are entitled to must be reduced accordingly under Florida law.
Contact The Pendas Law Firm Today
Time is often not on your side in a premises liability case. The property owner often has a chance to conduct its own investigation–and potentially eliminate any unfavorable evidence–before an injured patron has a chance to act. That is why it is important to speak with an experienced Naples premises liability lawyer as quickly as possible following an accident. Contact the Pendas Law Firm today to schedule an initial consultation.
