Seeking compensation following an injury on another party’s property is a complicated legal process. You need to prove a landowner was negligent in allowing the losses to occur and demonstrate the owner had a duty to protect you in the first place. Even in cases where it appears obvious that a defendant landowner is liable for an injury, you may find that an insurance company only offers a limited compensation package or refuses responsibility altogether.
A Lehigh Acres premises liability lawyer may be able to help. They can work with you to explain your rights as a visitor and how a landowner may have violated those rights. A dedicated personal injury attorney will demand every dollar of compensation you deserve.
Pursuing a Premises Liability Claim
The obligations of landowners change depending on whether a person had permission to enter the land and their reasons for doing so. People who enter land without permission are trespassers. Landowners must only refrain from causing willful or wanton damage to trespassers. If the visitor had permission to be on the land for their benefit, they are licensees in the eyes of the law. Here, the owner must only warn these guests about known hazards.
Most successful premises liability claims result from incidents affecting customers or patrons. Shoppers in a store, viewers at a movie theatre, and worshippers at churches enter land for the owner’s benefit. These people are called invitees under the law. Landowners must warn these guests about known hazards and obtain information about dangers that may impact their property.
Various harm may give rise to a premises liability claim. A common example of a premises liability issue is a slip and fall. However, landowners must also take care to prevent harm due to:
- Structural defects, such as broken stairs
- A lack of proper emergency exits
- Inadequate security that allows an assault to occur
- A lack of lighting in common areas of apartment buildings
An attorney in Lehigh Acres can help explain the obligations of landowners under state premises liability laws.
When is a Landowner Liable for an Injury?
Once you establish a landowner owed you a duty of protection under state law, you must demonstrate how they failed in that duty. This requires intensive evidence gathering to show a lack of warning about a structural defect, a failure to promptly warn about a temporary hazard, or knowledge that a property exists in a high crime area.
Sadly, for many injured plaintiffs, the fact that a landowner shares some responsibility for an injury on their property is not a guarantee of full compensation. According to Florida Statute § 768.61, courts examine the actions of all parties in an accident to assign blame. Using the concept called pure comparative negligence, a court will reduce a plaintiff’s award by the percentage of responsibility they carry for an incident. A lawyer in Lehigh Acres could help promote a claim naming a landowner as the sole liable party for a premises liability injury.
Let a Lehigh Acres Premises Liability Attorney Lead the Way
Every person who visits another party’s land has a right to protection under the law. However, the extent of this protection will change based on a visitor’s motivations for visiting the land and whether they had permission. As a result, many injuries cannot be the basis of a compensation claim.
However, for invited guests who enter land for the benefit of the owner, a claim for reimbursement may follow an accidental injury. These claims can demand payments for medical bills, emotional trauma, and lost wages. Our firm could help to increase your chances for a successful claim. Our attorneys work to establish your rights under the law, pursue claims against insurance companies, make arguments in court, if necessary, and deliver results. Contact a Lehigh Acres premises liability lawyer today to schedule a consultation.