Premises Liability

Premises Liability Cases: Protecting Your Rights

Premises liability cases arise when injuries or loss of life occurs on another’s property due to hazardous conditions. It is the legal responsibility of a property owner or occupier to ensure that their property is safe for visitors and guests. Public and private property owners and managers must ensure that their premises are free from hazards and provide warnings of potential dangers. Premises liability accidents occur in private homes, construction sites, retail stores and malls, uneven sidewalks, apartment buildings, private and community swimming pools, amusement parks, hotels, government buildings, and other venues.

Aggressive Representation for Negligence Claims

An experienced premises liability lawyer can help you navigate the legal process and ensure that your rights are protected. If you have been injured or a loved one has died due to hazardous conditions on someone else’s property, contact Lyons Legal, LLC to discuss your legal options. We can determine whether you have a valid claim and assist you in pursuing compensation for injuries or a loved one’s loss of life. Attorney Jarian Lyons has extensive experience handling these types of cases. He has represented clients in a wide range of civil cases under premises liability.

Common Hazards that Contribute to Injuries and Wrongful Death are:

• Poor lighting
• Unsteady handrails
• Uneven flooring
• Wet areas
• Improper fire protection
• Negligent security
• Trampoline accidents
• Dog bites
• Poorly supervised and unsecured swimming pools

To Recover Compensation, a Plaintiff Must Prove These Elements:

• The defendant owns or operates the property where the injuries or death occurred
• The defendant was reasonably aware of the hazard and did not take steps to remedy the situation or provide an adequate warning
• An injury or death occurred as a direct result of the hazardous condition
• The plaintiff suffered damages because of the incident

Common injuries from premises liability accidents include broken bones, spinal cord injuries, ailments associated with the inhalation or ingestion of toxic substances, lacerations and contusions, traumatic brain injuries, and wrongful death. 

Accidents While Trespassing

Trespassers injured on a property are not owed the same duty of care as invitees. Florida Statute 768.075 states that property owners are not liable for civil damages if the trespasser is intoxicated or under the influence of drugs such that their normal faculties are impaired. In addition, the owner is not liable for trespassers with the intent to commit a felony on the property, or if the trespasser is injured without the property owner’s knowledge of their presence. However, there are exceptions to this law. If you were injured on a property while trespassing, it is in your best interest to contact an experienced personal injury attorney to review the circumstances of the case.

Attractive Nuisance Doctrine

There is a separate law for children who trespass, called the Attractive Nuisance Doctrine. This doctrine states that property owners or occupiers must take precautions to prevent injuries to children who may trespass on their property due to the property’s attractiveness. A property owner or occupier may be liable for a child’s injuries, even if they are trespassing. An example would be a swimming pool with no fence around it. Florida courts have held that the Attractive Nuisance Doctrine does not apply to adults, only children.

When an Accident Happens

If you or a loved one are harmed on another person’s property, it is essential to notify the property owner, manager, or landlord as soon as possible. Medical documentation is the backbone of the case, so those injured should seek a medical assessment immediately. If possible, take photos or videos and gather witness information. Property maintenance reports and prior accident reports are pieces of valuable evidence that may support the claim.

With Lyons Legal, LLC, Justice is within Your Reach

Contact our experienced personal injury law firm for compassionate and efficient legal counsel. Let us help you navigate the legal process. We will ensure that your rights are protected. Most property owners have insurance coverage to cover accidents. However, if a fair settlement is not reached, we are always prepared to present your case in court to get the money you are owed.

Compensation for damages may include medical expenses, pain and suffering, lost wages, and other expenditures resulting from the accident. In a wrongful death case, we fight for additional compensation for funerals, burial expenses, and more. Contact Lyons Legal, LLC at (407) 720-7990 to schedule a free consultation at our Orlando, Florida office.