Property Liability in Tampa

Property owners have the duty to keep conditions on their property safe or to warn if there are unsafe conditions. This is known a property liability. The property owner can be homeowner, landlord, commercial property owner or in some cases, governmental agency. When you are injured on someone else’s property and are injured, you have suffered a potential slip and fall claim.

Property-Liability Situations

The following are common types of slip and fall injuries. Since these cover both commercial and private property, not all conditions will apply to every property.

Exterior Conditions

  • Parking lot injuries
  • Accumulation of ice or snow
  • Exposure to toxic fumes or chemicals
  • Inadequate building security leading to injury or assault
  • Wet or oily floors
  • Loose or broken floors, sidewalks, steps, or stairs.
  • Inadequate maintenance of the premises
  • Swimming pool/hot tub accidents

Interior Conditions

  • Wet floors or torn carpeting including unsecured rugs, carpets or thresholds
  • Poor lighting
  • Escalator and elevator mishaps
  • Falling objects
  • Retail displays
  • Shopping cart injuries
  • Overcrowded conditions (Black Friday)
  • Defective staircases
  • Hidden extension cords
  • Inadequate maintenance of the premises
  • Dog bites
  • Fires

Restrictions

In general, there are three classes of people who will be on someone else’s property. These are invitees, licensees, and trespassers. Invitees are invited to enter the property. Under Florida law, invitees have the most protection. Licensees have permission to enter the property and must be warned about dangerous conditions. The final class are trespassers who are on the property without permission. They have no protection.

The one group of people that fall outside the classes are children. Under Florida’s Attractive Nuisance Doctrine, landowners are liable if children are attracted to the property. This can include swimming pools, hot tubs, and old appliances. In addition, if a child under 6 is trespassing and bitten by a dog, the dog’s owner is liable. If a person over six provokes the dog to the point of attack, the home owner is not liable.

After Filing a Claim

An insurance adjuster will interview you once you file a claim. They will ask about your actions and how they may have led to the incident. They are determining comparative negligence – did your actions contribute to the incident and by how much? You should consider discussing this with a personal injury lawyer who can advise you.

About Brian Hoag

Hopefully, you will never need the legal services of a Tampa personal injury lawyer. If you do, please give Hoag Law Firm a call or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. You will love getting back to living your life.


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