Property owners have a responsibility to keep their land in a reasonably safe condition. When you sustain an injury on someone’s property, you have options. Private owners may also be responsible for injuries, and an experienced premises liability attorney can help you understand the facts of a case.
Although this scenario is delicate, as it is more likely that you have a personal relationship with the landowner, you still may need to protect your legal rights. Our Sarasota private property premises liability lawyers at Dannheisser Injury Law are local to the community and understand these dynamics. Our legal professionals can help you receive the compensation you deserve while maintaining civility.
One common way that injuries occur on private property is through slipping on a wet surface and falling. However, that is by no means the only type of injury that can lead to compensation. Other common issues include:
Our Sarasota attorneys can help an injured person determine their options and remedies regarding an injury they experience on private property.
Even though owners must maintain their property, it does not mean they are responsible for all injuries that occur there. Instead, the injured person is required to prove the property owner is at fault for the situation that led to their injuries. The proof required will vary depending on the circumstances. Our Sarasota attorneys at Dannheisser Injury Law have experience handling premises liability cases on private property and can help an injured person determine exactly what is required. However, a few principles are broadly applicable.
The injured person must show that they are making a claim against the correct person. Only the person who is in control of the property where the injury occurred is responsible for what happens there. The individual who has control of the property could vary based on the situation. It could be the owner of the property, but in some situations, it may be the person who is leasing and occupying the area.
The injured person must show the standard of care that the responsible person should be held. This proof depends on the injured person’s status at the time of the incident. For example, if the injured person was trespassing on the property, then the only duty owed is to not intentionally harm the trespasser. On the other hand, if the injured person was a guest, then the homeowner has a duty to keep the premises reasonably free from danger.
The injured person must prove that the responsible person either knew about a danger on the property or should have known about that danger if they had taken reasonable steps to inspect and maintain the area.
The injured person must then prove that the responsible person neither fixed the danger nor warned the injured person about it.
The injured person must show that their injuries and losses were caused by that dangerous condition. The injured person must show that they were not more to blame for the accident than the responsible person. The state follows the comparative negligence model, meaning if a jury finds an injured person more than 50% at fault for an accident, they will not recover any damages. If a jury finds the injured person is less than 50% at fault, the court will reduce the total recovery proportionately.
When you are injured on private property, you could be able to receive payment for your losses. You deserve to have a trusted advocate to analyze your situation, make you aware of your options, and help you reach the outcome that is most desirable for you. This can happen only by having an open and personal relationship with an expert attorney in this area.
Schedule a consultation with our Sarasota private property premises liability lawyers at Dannheisser Injury Law today to learn more about how they can serve your legal needs.
