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Asserting Your Rights When Negligent Landlords Fail To Address Dangerous Conditions
Premises liability is the area of the law that deals with a landlord’s responsibility for unsafe conditions on their property. Whether a landlord is liable for injuries to visitors depends on many factors, including the type of visitor, the nature of the hazard and whether the landlord’s behavior was reasonable. The Law Offices of James Jean-Francois, P.A. thoroughly investigates premises liability accidents and takes decisive steps to build a compelling case. When you entrust your case to me, I work tirelessly to recover the full, fair compensation you deserve.
Duty Owed To Different Types Of Visitors In Florida
A plaintiff in a personal injury action can only demand compensation from a defendant who had a duty of care, who breached that duty of care and whose breach directly caused injury. Therefore, the first question in a premises liability case is whether the landlord had a duty of care toward the visitor. In Florida, the law places visitors into three distinct categories:
- Invitees — These visitors, whom the landlord invites onto the property for a business or personal benefit, get the greatest level of protection. The landlord has a duty to keep the property in a safe condition and to either repair or warn visitors about known hazards. The landlord also has a duty to regularly inspect the property to discover hazards.
- Licensees — Visitors who enter the premises for an entirely social purpose and those whom the landlord allows to enter the property for their own benefit get slightly less protection. The landlord need only be reasonable about maintaining the property and must only warn about known dangers.
- Trespassers — A person who is on the property without the landlord’s permission has the least protection. A landlord only has a duty to prevent intentional or reckless injury. However, once the landlord discovers a trespasser on the property, the landlord has a duty to warn about hidden hazards.
Children pose a special case for landlords, especially if there is a feature on the property that could serve as an “attractive nuisance,” enticing children to enter. A property owner must take reasonable steps, such as erecting a fence to prevent children from encountering the hazard.
Common Premises Liability Cases In Florida
A slip and fall is the most common type of premises liability case and involves a visitor encountering a slick, foreign substance on a surface and slipping as a result. Section 768.0755 of the Florida Statutes specifically addresses this type of premises liability accident. Trip and fall accidents are also common, resulting from various hazards, such as uneven surfaces, changes in levels and accumulated debris. A landlord can also be liable for:
- Falling merchandise — If merchandise is piled negligently on a shelf and falls, striking a customer, the store owner could be liable.
- Dog attacks — A homeowner who fails to restrain a vicious dog can be held liable for bites that injure a visitor.
- Criminal assaults — A landlord who fails to provide adequate security in an area known for crime could be held liable when a visitor is attacked.
Premises liability injuries are potentially very serious and could even be fatal. In my personal injury practice, I have seen victims with head injuries, spinal trauma, broken bones and other debilitating conditions. With every case I undertake, I work diligently to ensure that my clients recover the full compensation they deserve.
Contact my Hollywood office to schedule a free premises liability consultation
The Law Offices of James Jean-Francois, P.A. provides trustworthy representation for premises liability cases throughout the Hollywood area. To schedule a free consultation and case evaluation, call me at 954-516-1353 or contact my office online. I am conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.