Whenever a person visits land owned by another party, they expect to remain safe. However, a landowner’s failure to maintain their property, fix temporary hazards or even prevent criminal activity can lead to serious injuries.
Even so, the fact that an injury happens on the land of another party does not automatically mean that the owner is liable. Premises liability laws in Indiantown require a plaintiff to prove the defendant’s responsibility and show they had permission to be on the land. They may even need to defend their own actions leading up to the accident.
Fortunately, an Indiantown premises liability lawyer can help pursue these legally complex claims. The experienced personal injury attorneys at Domnick Cunningham & Yaffa can work to measure a person’s losses, evaluate their rights under the law, and seek appropriate compensation.
Classifications of Visitors in West Palm Beach
As a general rule, every landowner has a duty to protect people who enter their property. However, this duty is not equal for every entering party. Depending on whether a person has permission to enter and their motivations for doing so, a landowner must provide different levels of protection.
State law separates visitors into three classes. The first step in most premises liability claims is determining in which of these categories a visitor fits. People who venture onto land without the owner’s permission are trespassers, and landowners must only refrain from causing intentional or wanton harm to them.
People who visit land with permission fall into two categories: licensees and invitees. Visitors who come onto land for their own benefit are licensees. Property owners must protect them from all known hazards but do not need to take active steps to inspect their property. Visitors who enter the property for the benefit of the owner, such as customers at a retail store, are invitees. Owners must take reasonable steps to maintain the premises, regularly inspect for dangers, and warn invitees of any hazardous conditions. An Indiantown premises liability attorney could provide more information about the rights of visitors.
Examples of Injuries that May Indicate Premises Liability
Once a plaintiff establishes that a landowner owes them a duty of protection, they must also demonstrate that the owner failed to keep them safe. This means that the landowner did not provide proper protection against temporary hazards, structural defects, or other incidents that result in injuries.
Perhaps the most common premises liability incidents in West Palm Beach are slips and falls caused by standing water or spilled liquids. These incidents can cause leg, back, neck, or head injuries. Similar incidents can result from structural defects such as broken stairs or a lack of hand railings. Finally, a landowner may also be liable for the criminal actions of others. If a property does not contain adequate lighting, lacks proper locks, or if a business does not provide proper security, they may share blame for assaults or other violent acts.
Deadline to File a Premises Liability Claim
Regardless of the exact circumstances that led to an injury, plaintiffs have a limited time to demand compensation. The statute of limitations in Indiantown, listed in Florida Statute §95.11, gives people four years after the date of injury to pursue their claims. An Indiantown attorney can help injured individuals build a strong premises liability case against a landowner within the applicable time limits.
Contact an Indiantown Premises Liability Lawyer Immediately
If you suffered an injury while visiting another’s property, you have the right to demand compensation for all of your losses. This can include payments for the costs of medical care, emotional trauma, and lost wages. Still, the mere fact that an injury occurs on another’s land does not guarantee success. You need to establish your standing under the law and prove that a landowner was negligent in allowing the injury to occur.
An Indiantown premises liability lawyer can help prove these concepts in court or settlement talks. Experienced legal counsel from Domnick Cunningham & Yaffa can take the lead in gathering evidence, demonstrating injuries, and working to protect your rights. Contact the office today to learn more.
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