Hollywood Premises Liability Attorney Serving Aventura, Weston, Davie, Sunny Isles Beach & North Miami Beach

Premises liability is a legal theory that is relevant in instances when a person is harmed on another person’s property due to some form of negligence on the part of the premises owner. The theory holds that a property owner has a legal duty to maintain the property in a safe condition, and that if he/she/it fails to do so, and an injury occurs, they may be held liable for damages. If you have been injured on someone else’s property in Florida, speak with an experienced Hollywood premises liability attorney as soon as possible.

Property Owners and Duty of Care

Property owners have a duty of care to those who enter their property. However, the duty varies slightly depending upon whom it is that is entering the property, be it a licensee, invitee, or trespasser.

The duty to licensees — those who have a right to be on the property but who have not been invited, such as an individual responsible for checking a gas meter — and invitees — those who are invited onto the property by the property owner — is generally the same: the property owner has a duty of care to keep the property reasonably safe. If a dangerous condition does exist, the property owner has a duty to correct it within a timely manner, or/and to make the condition known to the invitee/licensee.

But the duty that a property owner owes to a trespasser is much different; for trespassers on a property, the only duty that a property owner has is to refrain from causing the trespasser willful or wanton harm.

Attractive Nuisance and Premises Liability

There is an exception to the premises liability standard that is applied to trespassers; if the trespasser is a child, the doctrine of attractive nuisance may hold. This doctrine states that a property owner may be held liable for injuries to a child that occur on the owner’s property if the child was drawn to the property by a hazardous object or condition that is likely to attract children (such as a trampoline or pool), based on a child’s inability to reasonably understand the risk or danger of the hazardous object/condition. Alex Barak won a landmark case on the “attractive nuisance” doctrine in the Florida Supreme Court, so he is the perfect attorney to hire.

Types of Premises Liability Cases

There are dozens of injury cases in which premises liability laws may apply. These include:

  • Slip and fall/trip and fall cases;
  • Dog bites;
  • Negligent security;
  • Swimming pool accidents;
  • Fires;
  • Amusement park accidents;
  • Exposure to toxic chemicals; and
  • Elevator/escalator accidents.

How a Premises Liability Attorney Can Help You

Liability of the premises owner when you are injured on another person’s property can be complicated, and the property owner is liable for injuries if a hazardous condition existed, the property owner knew of should of known of the hazardous condition and the property owner failed to remedy the condition within a reasonable amount of time; if the premises owner actually created a dangerous condition; if  a third party created the dangerous condition on the owner’s property, but the owner failed to maintain his property and failed to clean  or remove the dangerous condition. To help you to determine whether or not you have a case, you should consult with an experienced Hollywood premises liability attorney.

At the Law Offices of Alex T. Barak, P.A., we are ready to get to work on your case today. To schedule your free case consultation with our skilled Florida premises liability legal team, call 954-961-6200 now.

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