Humans are social animals who visit various places for business or entertainment. We use our dollars to confer benefits on companies providing services such as delivering food or screening a movie we eagerly await. Sometimes, an accident can happen through no fault of our own while on public or private property. When this happens, it is often due to property owner negligence. In such situations, you may expect the owner or corporation to automatically pay for your injuries; however, to ensure you get the fair payments you deserve, you should seek the help of a seasoned premises liability attorney.
At Emmanuel Sheppard & Condon, our legal professionals are familiar with the common types of dangerous conditions in Pensacola premises liability cases, and know what evidence is necessary to establish landowner fault.
What constitutes a dangerous condition varies and is often a question of fact in personal injury cases. Some of the most frequent hazardous conditions our team has seen in Pensacola premises liability lawsuits include:
Dangerous circumstances can exist in both public and private establishments. Individuals who sustain injuries in an accident on private or public land could contact an experienced personal injury attorney for assistance with their case. A skilled lawyer could gather the facts and investigate if the harm resulted from an unsafe condition.
The word dangerous signals the thing causing injury is of the nature in which a reasonable proprietor would foresee the risks of leaving the condition, as it would likely result in substantial harm or death. In a premise liability case, the injured individual has to formulate legal arguments to prove this, not the owner.
One common defense of owners is that the hazardous condition was open and obvious; therefore, the person had a duty to move around the premises carefully. If proven with evidence, those going to court alone will likely lose.
A skilled lawyer could establish owner liability by showing a pattern of persons being hurt while on the property due to the proprietor not complying with industry standards and the law. They can also refute an open and obvious defense by demonstrating how a reasonable invitee would view the condition as safe, yet there are latent defects that no one could expect to see. Therefore, the Pensacola landowner had a duty to warn invitees and licenses of such dangerous conditions on their property.
Regardless, when dangerous conditions exist, Florida law ultimately looks at whether the person was on the land by invitation, a public or private license, or was an illegal trespasser when deciding liability.
Owners have a heightened duty of care to invitees on the premises. After all, the person was either personally invited by the owner or through an advertisement to be on the land. As such, the owner must exercise reasonable care in maintaining conditions on the premises to the extent possible, fix any anticipated hazards, and warn of any conditions that could pose a danger.
Licenses are people who are only on the land for their interests. Owners must warn them of dangerous conditions since they are not on the premises illegally. The owner must also not engage in any willful or wanton negligence concerning licensees and refrain from doing anything intentionally harmful.
State law grants those possessing and controlling property general immunity for harm to undiscovered trespassers. However, when an owner is aware of a person trespassing, the owner is liable if they act with intent to cause damage or if the condition causing the injuries was a product of their gross negligence. However, proprietor responsibility ceases to exist in this context when the trespasser is under the influence of alcohol or drugs, according to Florida Statutes § 768.075.
Individuals could consult an experienced attorney at Emmanuel Sheppard & Condon to discuss the legal options available to them in their specific case.
The right to file a premises liability lawsuit expires after four years. This can leave individuals and families trying to figure out how to satisfy medical and other financial debt. Do not let this deadline expire without pursuing legal action. Property owners should be held financially accountable when they are responsible for your or a loved one’s harm.
Call now to speak to one of our knowledgeable legal professionals about the common types of dangerous conditions in Pensacola premises liability cases and how you may have a right to file suit.