Jay M. Fisher P.A. - Premises Liability

Jay M. Fisher, P.A.
875 Concourse Parkway South
Suite 195
Maitland, Florida 32751
Telephone: 407-628-3015
Fax: 407-628-3909
Email: jmfpa@jaymfisherpa.com

Personal Injury

Premises Liability

A landowner has certain responsibilities to prevent injury to another person on his or her land. The duty is based on the legal theory of negligence. Premises liability can apply to both public and private property. In Florida, the duty a landowner has to a person on the premises can depend on their legal status and why they were there. There are a few different types of people to whom a landowner is responsible.

Trespassers

The landowner owes a minimum level of care to prevent injuries to people who enter his\her property without invitation.

If the trespasser WAS NOT physically discovered by a landowner in the 24-hour period before the injury occurred, the landowner has a duty not to intentionally cause injuries to the trespasser, but has no further duty to protect him or her.
If the trespasser WAS physically discovered in the 24-hour period before the injuries occurred, then the landowner’s duty is to not intentionally cause injury to the trespasser or cause injury through grossly negligent conduct. Furthermore, the landowner has a duty to warn the discovered trespasser of known dangerous conditions on the property that are not easily observable.

3. Lastly, if the trespasser is a child, the landowner may be responsible for his or her injuries if the child was lured onto their property by the dangerous condition that caused his or her injury. This is known as the attractive nuisance doctrine. An example of this is having a pool or trampoline on your property. These "attractive nuisances" can lure a child onto your property and if you don't have the proper safety precautions to keep them out, you are responsible for any injuries they suffer.

Licensee

Under Florida law, a licensee can either be uninvited, or a licensee by invitation. An uninvited licensee enters the property solely for his or her own benefit. In this case, the landowner owes them the same duties that they would owe a discovered trespasser. On the other hand, if a licensee is a social guest on the property, then the landowner owes them a duty of reasonable care. Whether or not a landowner exercised reasonable care is usually determined in a court. This is why it is important to contact a lawyer.

Invitees

The last type of guest that another person is responsible for, is called an invitee. This is someone who visits the property to conduct some sort of business with the landowner and does not have to include economic gain. Again, in this type of situation, a person owes the invitee reasonable care for their safety. Some of these duties include:

Inspecting his or her premises
Warning of any unsafe or dangerous conditions
Maintaining the premises in a reasonably safe condition.

However, if an invitee is injured on a part of the premises that were not included in the invitation, then the invitee will be treated as a trespasser and the duties to a trespasser will apply.

	What to do if you are injured on the premises of another:
		•	Seek medical attention immediately.
		•	Take pictures of the premises that you were injured on and the conditions that caused the injury.
		•	Keep logs of all medical treatments and expenses related to the injuries, as well as any work or school missed, as a result of your injuries.
		•	Obtain the names, addresses, and phone numbers of everyone involved in the accident as well as any witnesses to the accident.
		•	Make a note of whether someone admitted fault for the accident. While it is important to always note if someone admitted fault, NEVER admit fault of your own.

Insurance Disputes | Personal Injury | Workers' Compensation| Wrongful Death | Top

Selecting legal representation is an important decision for anyone contemplating legal action and should not be based solely on the size or quantity of advertisements.
Before you make your decision, contact us for more information about our qualifications and experience serving clients throughout the State of Florida.
Please contact the office of Jay M. Fisher, P.A. today regarding your legal rights.