Who is Responsible in a Premises Liability Case?

Identifying who is at fault in any given legal case is a huge step towards resolving one. While sometimes situations aren’t black and white, most laws are, particularly ones that describe fault. When a person is injured at the site of a business, home, or anywhere else, Florida law dictates that it is the fault of the property owner who is at fault. This makes premises liability cases much easier and grants the injured party a stronger chance of receiving compensation for his or her injuries.

Determining who is at fault varies from state to state, but in Florida, it is much simpler. This is due to the idea that it is not only the responsibility of the property owner to ensure that their building or land is safe, but is his or her obligation. Take for example the case of a store owner. While he or she cannot always control what the patrons in the store do, he or she should have control over the type of space the store has: the floors should be clear and safe, there should be no risk of falling objects, and more. If someone is injured while on the premises or inside that store, then it is the owner who is at fault unless there is a greater personal injury case to be had.

This applies for most circumstances. For example, if someone is trespassing on a person’s property, he or she still must at least be warned of potential danger and any surprise injuries may leave the owner liable. The only times this does not apply is if the owner could have had no knowledge or not enough time to react to the situation that caused the injury. These cases are few and far between, however.

The vast majority of the time, the owner of the property is liable in a premises injury case, such as a slip and fall accident. If you or someone you know has been wronged in this kind of situation, the Franco Law Firm can help you seek justice and compensation for your injuries. To learn more about our services and to schedule a free consultation, please call us at (813) 872-0929.