Owning or renting property in Melbourne is a significant responsibility, especially when that property is open to guests or the public. Neglecting that responsibility can lead to adverse conditions, making the property unsafe. The results can be devastating. A simple fall on a wet spot or icy patch of a parking lot can end up meaning thousands of dollars in medical bills, missed work, and possibly even permanent medical conditions and pain.
The slip and fall team at Morgan & Morgan understands how serious this type of injury can be and know who to hold accountable and try to compel to compensate you for your injuries. They may be able to help you. Contact our Melbourne office today by filling out our free, no-risk case evaluation form today.
The Duty of Care of Property Owners in Florida
The exact duty owed by a property occupier — which includes both owners and tenants of that property — depends on the nature of the relationship between the owner or occupier and the individual making a claim on their premises. Invitees, or individuals freely invited onto the premises by the occupier for their own purposes or at venues open to the public, comprise the majority of premises liability claimants.
Other individuals are either licensees, may be on the property for their own purposes, or trespassers, who are unlawfully present on the property. An occupier has a very limited duty to refrain from recklessly exposing licensees and trespassers to danger.
The “Attractive Nuisance Doctrine”
Children who are injured on another’s property, even while trespassing, may still have the right to receive compensation under the “attractive nuisance doctrine,” which is still followed in Florida. This rule determines that a property occupier may be liable for an injury to a trespassing child if:
- The occupier knew, or should have known, that children were likely to be present near the property;
- The occupier knew or should have known that there was a condition on the property that could cause harm to those children;
- The cost or burden of alleviating that danger is slight compared to the potential harm; and
- The occupier fails to take reasonable steps to alleviate that danger and a child is injured as a result.
Melbourne Slip and Fall Attorneys Can Help You Get Justice
Getting compensation after being injured by dangerous conditions on another’s property is difficult. There are frequently multiple parties involved, including landowners, tenants, property managers, and maintenance contractors, none of whom want to take the blame and all of whom want to blame you.
At Morgan & Morgan, we understand the difficulty of a slip and fall case and can work to ensure occupiers are held responsible for the damage they cause you. If you or someone you love has suffered an injury from a slip and fall accident, please fill out our risk-free, no-cost case evaluation. Our firm is here to serve you.