When someone receives an injury on another’s property, they are subject to premises liability. In Bradenton, many people seek out the assistance of a premises liability attorney after an accident to protect their rights. Like other personal injury claims, injured parties have four years from the date of the accident to file a claim in the state of Florida.
The most common claims include slip and falls, although they can encompass many other accidents involving defective conditions, improper maintenance, poor security, leaks, flooding, fires, chemicals, toxic fumes, and more. Even dog bites, pool accidents, and incidents like that can lead to a lawsuit. At the essence of a claim is negligence. This means that the owner of the property in Bradenton was somehow negligent in their duty to maintain a reasonable level of safety. If you have been injured or someone was injured on your property, contact a premises liability attorney right away.
Duty of Care
Negligence stems from the lack of maintaining the necessary duty of care. Duty of care is the need for a property owner in Bradenton or another city to keep their property safe, well-maintained, and orderly. There are three categories of visitors to a property: invitees, licensees, and trespassers. Invitees have the property owner’s permission (whether implied or express) to be on the grounds. Property owners are expected to warn invitees of any hazardous conditions or to repair them so that they are not an issue. A licensee is like an invitee in that they have the property owner’s permission to enter the property, but they are entering for their own purpose, such as a salesperson.
Trespassers do not have permission to enter the property, and in general, property owners owe them no duty of care, unless the trespasser is a child. This is why homeowners in Bradenton are required to construct fences around their pools — property owners owe children, even trespassing children, a duty to exercise reasonable caution to avoid harm due to manmade conditions, like pools. However, this only applies to manmade conditions or alterations to the land. If an accident occurs involving a natural aspect of the property, like tree, then the property owner is not responsible.
Discuss your property with a premises liability attorney to ensure that you have coverage, should any accidents happen.
Those at Risk of Premises Liability Claims
Some locations in Bradenton run a higher risk of needing a premises liability attorney than others. The following should take caution to maintain a solid duty of care and avoid negligence:
- Amusement parks
- Stores and businesses
- Entertainment venues
- Homes and private property
- Parks and playgrounds
Note that the state of Florida does have a recreational use statute. The statute protects property owners of park land or land leased to the state from liability.
If a claim is brought forth, the injured party has the responsibility to demonstrate that their injuries were directly caused by the property owner’s breach of duty of care. They will need to prove that:
- The defendant had a duty of care
- The defendant neglected their duty of care
- The plaintiff sustained an injury because of the defendant’s neglected duty of care
If property owners were not aware of unsafe conditions or danger on their property, they may not be liable for injuries. Generally, visitors have a reasonable duty to exercise caution for their own safety. Every case is different, though, so speak with a premises liability attorney in the Bradenton area. A professional can help you plan for your case.
For an Experienced Premises Liability Attorney in Bradenton, Trust K LAW, PLLC
Those in the Bradenton area looking to consult a premises liability attorney can trust the professionals at K LAW, PLLC. Our firm has been helping personal injury clients with their legal needs for many years. We have the education, background, and experience to get the results you need.