Premises Liability Law and Lake Worth Lawyers
Personal injury attorney Aaron R. Coven in Lake Worth, Palm Beach County represents clients in premises liability
Attorney Aaron R. Coven provides personalized legal representation for those who believe they have a premises liability personal injury claim. Attorney Coven, has resided in Palm Beach County for more than forty years, has focused his law practice on helping his neighbors win the compensation that they deserve. His professional experience, individualized service, and dedication to ensuring his clients have every opportunity to receive the best possible outcome make him a lawyer of choice.
Defining Premises Liability Claims
If an injury occurs while on another person’s property, then a premises liability claim may be filed. Not all accidents that occur on another person’s property may be actionable; negligence must be proven and the injured party must have acted in a responsible manner when on a property.
Thus, for a lawsuit to be in order, the following must have been present:
- The responsible party must have known of the unsafe condition or hazard, or should have known about it.
- If the responsible party, upon having knowledge of the danger, did not warn visitors of it and/or did not work to have the problem corrected, then he or she may be liable.
- The visitor entering upon the property must have taken normal precautions to avoid the hazard if he or she hadrecognized it.
If these situations are not in place, then one would not have grounds for a lawsuit. Examples of situations that would usually not warrant a civil lawsuit include:
- Falls due to clumsiness
- Inattentiveness to a clear warning
- Acknowledge and ignore a risk
Examples of situation wherein you may have grounds for a personal injury suit include:
- Falls due to inadequate lighting and/or lack of proper safety features, such as a hand railing
- Entering an area that is dangerous and without proper warnings
- If a party ensures you a situation or area is safe, and it turns out it is not
- If you are on a property and suffer injury due to lack of proper security measures
Levels of Care and Liability
There are three classifications of levels of care that one must give those who are visitors on your property. The level of care the responsible party must provide is dependent upon why the visitor has entered the property.
The three categories of classification of visitors are:
- Business invitees
The first level of care, business invitees, calls for the highest amount of care, while trespassers, who must still be afforded care, are given the least.
Business invitees include a range of visitors. In the most basic terms, a business invitee is someone who comes onto a property with the intention of being involved in some type of business transaction or being engaged in work. This category includes repairmen and similar workers who come to someone’s home, department store customers, patrons at a hair salon, drivers stopping at a gas station, and others.
For business invitees, the responsible party must maintain the premises in a manner that involves making it safe for those visiting. This includes repairing any unsafe conditions or informing visitors of any dangerous situations. Suitable maintenance includes:
- Checking floors and aisles for spills, obstructions, and debris
- Monitoring stairs, doorways, and hallways to make sure they are safe and secure
- Overseeing any equipment or products and ensuring that they are safe for visitors
Licensees include anyone invited onto the property as a social guest, such as friends, family, work associates, and others. However, in order to be considered a licensee an individual does not have to be directly invited. A licensee can be someone who stops by without an invitation and is allowed onto the property.
The level of care for this type of visitor is not as stringent as it is for a business invitee. In the instance of licensees, the property owner must be aware of any dangerous situations or if something is in need of repair, and the owner must informvisitors of any hazards. Also, the property must be maintained in a manner so as to make sure that it is reasonably safe. Routine inspections do not pertain to licensees.
Although some find that it does not make sense, it is true that trespassers are afforded a certain level of care when they enter onto the property of another. If a property owner in the State of Florida finds a trespasser on his/herproperty, then he/she must inform that trespasser of any dangers that he or she may not readily see. A property owner or the person responsible for the property may not willfully or recklessly cause injury to a trespasser. If they do, they may find that the trespasser is suing them in a personal injury lawsuit.
If you are injured while on another property, it is important that you seek medical help as soon as possible. Documenting your injuries is a critical aspect of any personal injury claim. Also, the accident scene should be recorded as soon as possible using proper evidence and documentation such as photos or videos. Plus, the contact information for any witnesses should be secured.
What We Will Do for You
If you have suffered injuries and believe that the responsible party was negligent, Attorney Coven will gladly meet with you to discuss your situation. After reviewing your claim, you’ll be informed of possible options. If you do decide to pursue a personal injury lawsuit connected with a premises liability claim, Attorney Coven will work tirelessly to ensure that you have the best chance of attainting the outcome that you deserve and desire.
In bringing a civil suit, you may recover for medical bills, lost wages, pain and suffering, and any property loss. If your injuries are ongoing or permanent and you require medical care and cannot work, you may also sue for future medical expenses and lost earnings.
Set Up a Meeting Now
Contact Attorney Aaron R. Coven in Lake Worth, Florida, by calling 561-540-3636 or by filling out the short contact form on this page. He will be happy to meet with you for a free, no obligation consultation where he will discuss the details of your case, evaluate your claim, and provide you with insights concerning its viability and possible actions.
If you have suffered injuries due to a premises liability accident do not try to settle the matter yourself. Get the legal representation that you need to make sure that you are treated fairly and receive the compensation that is rightfully yours.