Owning or renting property in Florida is a significant responsibility, especially when that property is open to guests or the public. Neglecting that responsibility can lead to unsafe conditions, and possibly and injury. If you slip on a wet spot or icy patch in a parking lot it can end up meaning thousands of dollars in medical bills, missed work, and possibly even permanent aches and pains.
At Morgan & Morgan, we know how burdensome this can be, and what to help lighten your load. Our slip and fall team in Pensacola understands how serious this type of injury can be and know who to hold accountable. Contact us today for a free consultation to find out how we may be able to help.
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.
The majority of premises liability claimants are individuals invited onto the premises by the occupant for their own purposes or at venues open to the public. Other individuals, such as licensees, may be on the property for their own purposes like making a delivery. The last kind, trespassers, 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
- The occupier fails to take reasonable steps to alleviate that danger and a child is injured as a result
How Can A Pensacola Slip and Fall Attorneys Help You?
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.
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.