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When is the Property Holder Liable?

August 26, 2014 by David R. Heil, PA

Injuries occur all the time – whether you’re cautious or not. From work, school, and everyday social encounters, everyone runs the risk of injury without even acknowledging the possibilities. This is definitely a good thing because no one wants to spend their life worrying about the next potential hazard waiting in their path. But when something happens without warning and injuries do occur, people look for someone to blame.

From dog attacks to slip and falls, injuries occurring on somebody’s private property may raise questions about liability and who is responsible during an insurance claim. If you’re injured while on somebody’s property, you may be entitled to damages. Before or immediately after you seek medical attention for your injuries, make sure you report the incident to the property owner or store manager, if they are currently unaware. Don’t give the store a statement but make sure you get the names of any  witnesses at the scene, as they will be important when attempting to recover for your injuries.

Dog Attacks and Accidents Involving Pets

Many people believe that if you’re attacked by an animal on private property, the person owning the property is liable. This is definitely not always the case, as with most cases of violence on property. Chapter 767 of the Florida Statutes holds an owner of a dog strictly liable for injury or damage caused by a dog. With dog attacks, the owner of the dog is responsible for the actions of their animal and the property owner may or may not be liable depending on the knowledge that the landlord has of the dog’s propensities.

Slip and Fall Accidents

In the case of slip and fall, private property owners may be liable for damages caused by a negligent condition on the property. The burden is on the person injured to show that they were injured as the direct result of a dangerous condition and that the property owner knew or should have known of the condition before the time of the fall. The knowledge may be shown in a number of ways depending on the condition that caused the fall. There is no strict liability in premises cases in Florida.

Keeping Up Your Property

There is no precise way to determine when somebody is legally responsible for something occurring on their property because there is too much speculation and connection. But if your property is unsafe you open the door for possibilities. 

 

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David R. Heil P.A.

David R Heil, P.A.I am a trial attorney with over 35 years of experience in civil trial law. Your case will not be handled by an investigator, paralegal or case manager. I will personally meet with you to discuss your case at one of my offices, the hospital or your home. Legal information is available.

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