Premises Liability Attorneys in Florida

In recent years some courts have held owner/occupants responsible for foreseeable attacks and other security breaches. A business owner/occupant must keep the premises reasonably safe for business customers, and a business customer has a right to assume the safe condition of the premises.

The most well known premises liability scenario involves the "slip and fall." In this situation a business owner/occupant has a duty to the customer to remove foreign substances and objects from the floor within a reasonable time. Failure to do this may be considered negligence. If damages result from such an injury, a cause of action may exist.

Have you ever had an accident at the home of a friend, acquaintance, business associate, or any person you were visiting? Have you ever been injured or wondered what would happen if you were injured on the premises of a store, market, or other place of business?

Recovery of money for your injuries may be easier than you think. There is a common misconception that you always need to prove that the accident is the fault of someone else to recover money for your medical bills. This may not always be the case. Most businesses, including most homeowners, carry a policy of insurance that will pay at least the first $1,000 in medical costs without any proof of fault. In other words, in most cases, you can get paid for at least a portion of your medical expenses even if you were careless!

What's more, if the accident is the result of someone's negligence, you may be able to recover for your pain, suffering, and even for the loss of the services, companionship and company of your spouse if he or she is injured. This also means that your spouse may recover money, as well as you, if you were injured.

This does not apply if you intentionally injure yourself, however. In fact, if you intentionally inflict injury to yourself for the purposes of filing a fraudulent insurance claim, you can be prosecuted criminally.

The Florida law firm of Finizio & Finizio has successfully represented many plaintiffs in premises liability cases. Because fact development can mean the difference between success and failure, our investigative capability is critical to the satisfactory resolution of these cases.

Premises Liability FAQs

List of Questions

Click on a question to navigate directly to the answer.
1. Is it important to have liability insurance?
2. What other situations apply?
3. What is the difference from a homeowner vs. business owner liability?

Questions & Answers

1. Is it important to have liability insurance?
As a homeowner or business owner, it is vital that you obtain liability insurance to cover accidents that may occur on your property. Many people do not realize how important this is. For example, if you are a homeowner and you have a recent snow fall, you are responsible for clearing the snow and ice within a reasonable amount of time off of your sidewalk so pedestrians are able to walk on the sidewalk in front of your house without the risk of falling. If you own a home or business and you're not covered by liability insurance you would then be personally responsible if someone were injured as a result of your failure to clear a safe path.
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2. What other situations apply?
There are other situations that could arise where property liability insurance would protect you. For instance, if you own a dog, you are legally liable for the actions of this dog. If your dog should happen to bite someone on your premises, you would be legally liable for damages. If however you have the proper liability insurance, your insurance company should cover you in such an event.
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3. What is the difference from a homeowner vs. business owner liability?
In terms of one's duty to the public under the law, a business owner and homeowner have different duties.

Business Owner Liability
For example, if you own a business, anyone who enters the premises to purchase something is considered a business invitee. The duty owed to a business invitee is of the highest responsibility. Why? Well, if you operate a business that welcomes the public, you have an absolute obligation to make sure your premises are free of defects and safe for the public as a whole.
If there are any defects on your property you not only have an absolute duty to warn the public of the defect but you also have a duty to repair any dangerous conditions existing on your premises.

Homeowner Liability
On the other hand, as a homeowner you have somewhat of a lesser duty than that of a business owner. Someone who is invited into your home is not considered a business but instead is considered a social guest or licensee. The homeowner has an absolute duty to warn any guests of any obvious defects which exist, as well as of any hidden defects which through a reasonable investigation could be found to exist on the premises.

Although the duties of a business owner are different than those of a homeowner, it is prudent for the owner of either a business or home to have adequate liability insurance to protect them from potential liability that could arise as a result of someone being injured on their premises.
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