Premises Liability

Premises Liability Attorney Tampa, Florida

In cases of personal injury, the person who inflicts the injuries, be the accidentally or on purpose, is responsible for compensating for the injury. In matters of location-based injuries, such as in workers’ compensation cases, there is a statute of law that comes into effect called premises liability. Premises liability is the decree that it is the responsibility of the person who owns land or property to cover the costs or injuries or incidents that occur on his or her property. This is a useful tenant for handling workers’ compensation cases, because it helps put the burden of liability on the employer or company that owns the property.

In order for premises liability to take effect, there must be three conditions that must be met. The first is that the defendant in the case must actually possess the land. This may seem obvious, but it excludes certain scenarios. For example, if you are working, but on public land, such as a highway or park, premises liability would not apply, although the person who is injured may still be eligible for regular workers’ compensation.

The second condition is that the injured person must be invited or welcome on that property. In the majority of states, although not all of them, if a person is trespassing on someone’s property, they are not eligible to receive benefits due to premises liability. Florida is not a state that awards funds to injured trespassers.

The third condition in a premises liability case is that there must be some kind of negligence or wrongful act on the part of the property owner. For example, if a building is old and unsafe and a worker is injured there, then it was because of the failure to upkeep the building that the injury was sustained. Note that this does not apply if a third party inflicts an injury while coincidentally being on that land. In this case, it would be up to the third party to compensate for injuries, or the criminal justice system, depending on the scenario.

Premises liability laws were set up in Florida to protect the rights of individuals and workers being on safe property. If you or someone you know was injured on property because of negligence or a workplace injury, the Franco Law Firm can help you find restitution and justice for your trouble. For a free consultation, please call us at (813) 872-0929.