If You Have Been Injured on Someone’s Property,
Let Winegar Law Pursue Action for You
Joshua S. Winegar, your premier Florida premises liability attorney, is here to help you get satisfaction when you or a loved one is injured while visiting property belonging to someone else. Winegar Law will help you:
1) Evaluate the damages you’ve suffered and estimate the value of your claim;
2) Collect evidence to prove that the property owner is responsible for the condition that led to your accident; and
3) Represent you in settlement negotiations.
We are prepared to go to trial, if that’s what it takes to see that you get the compensation you deserve. Our service to you begins with a free consultation to discuss your accident as well as the process we undertake on your behalf. You can start today by contacting premises liability attorney Joshua S. Winegar.
Know Your Rights
Holding the Property Owner Liable
Florida property owners are required to keep their premises free of hazards. If the property owner cannot readily remedy a dangerous condition, the owner has an obligation to warn visitors of the presence of the condition. If a visitor suffers an injury because the premises was not safe and secure, the owner may be responsible. A property owner who knew or should have known about a hazard but did not repair or provide a warning to visitors is considered negligent.
The Property Owner’s Level of Care
Property owners owe visitors to their premises a duty of care, but the level of care required depends on the type of guest.
Invitees: When a business enterprise invites customers onto the property for commercial benefit, the customer is called an invitee. A customer to a mall or a gas station would be considered an invitee because the proprietor actively invites the public for monetary gain. To these invitees, the property owner owes the highest level care. An owner who fails to conduct regular inspections and warn of any hazards can be held liable if an invitee suffers an injury.
Licensees: Licensees are social guests, like friends and family members. Licensees can be invited to enter the property for both commercial and non-commercial purposes. Property owners must fix and maintain any hazards on their property that they know about. Unlike invitees to a commercial establishment, property owners are not liable to licensees for dangers that they should have known about.
Trespassers: A property owner does not owe a trespasser a duty to repair or warn of a hazard. However, the owner cannot intentionally set up a hazard to cause injury to the trespasser.