Boca Raton Premises Liability Attorney
At the Schwechter Law Group, we can help you hold the liable parties accountable for your injuries. We will fight aggressively and strategically to bring negligent property owners in Boca Raton, Florida to justice. Thanks to our many years of experience handling premises liability cases, we can provide you with high-quality legal representation. Let us fight in your name while you focus on recovering from your injuries.
To learn more about all of our services and how Boca Raton premises liability attorney Brian Schwechter can help you with your case, call our law offices today at (561) 935-9243.
Property Owner Liability in Boca Raton, FL
Every property owner has a duty of care toward the people visiting their premises. Landowners must make sure their properties are safe and free from any known and unknown dangers. Essentially, the owner of a property must proactively assess their premises to prevent any visitor from suffering an accident and potential injuries. The duty of care of property owners applies not just to all homeowners in Florida but also to anyone who owns property meant for commercial or social purposes.
There are different levels of care a property owner owes, depending on the person visiting their premises. Generally, there are three types of categories defining each type of visitor. These are known as business invitees, licensees, and trespassers.
An invitee is a person that has the property owner’s explicit or implicit permission to enter their premises. Typically, invitees are people invited to another’s property to engage in business activities. The classic example of invitees is the people who go to a shopping mall to purchase goods. The landowner owes invitees the highest duty of care. In other words, the property owner must make sure their premises are free from hazards at all times and provide adequate warning of any known dangers.
If the property owner actively looked for and addressed any conditions that may hurt their invitees, but an invitee gets injured anyway, the property owner may not be liable. However, if a landowner failed to exercise reasonable care in keeping their premises safe, you may hold them accountable for your losses. Our Boca Raton premises liability attorneys can help you determine the best course of action after an accidental injury on someone else’s property.
Different from invitees, who are explicitly invited onto an owner’s property, licensees are people who have the owner’s permission to be on their premises. The classic example of a licensee is a person who visits your property for a social event such as a birthday party, family reunion, or any other kind of social gathering. Compared to invitees, a property owner owes a lower duty of care to licensees on their property. An owner only needs to warn their licensees of any dangers, which could include hazards that cannot be easily noticed by the licensee. Ideally, the owner should take care of any problems on their premises. However, they are under no obligation to make repairs. The warning should suffice to prevent any dangers to their visitors.
Trespassers are the third group of people that may enter into another person’s property. The property owner owes the lowest duty of care to trespassers. However, the owner must make sure not to intentionally injure a trespasser. An owner’s responsibility can increase if there are minors around their property. A property owner must keep their premises safe from things that may seem attractive to children. For instance, if you own a pool, you must make sure to meet all safety measures, such as having a cover, fencing, and warning signs.
Filing a Premises Liability Claim Against a Homeowner in Boca Raton
If you were injured on another person’s property, you may be able to obtain compensation for your injuries. This can be achieved by filing a premises liability claim against the negligent property owner. However, to be granted compensation, you need to prove some aspects with the court. For instance, your Boca Raton premises liability attorney will need to show that the defendant owned the property where your injuries occurred. This can also extend to cases where the liable party leased the property, or occupied it in any other sense. This should be the first element to prove as it will let you establish how the owner had control over the property and the duty to keep it safe from hazards.
You will also need to show that the Boca Raton home or property owner was negligent. Legal claims based on a negligence theory require the plaintiff to prove the defendant engaged in negligence. In a premise liability claim, you may prove negligence by showing that the owner did not exercise prudent, reasonable care to correct the dangers on his or her property. Lastly, your lawyer can help you show you suffered injuries or losses as a result of your injury on another person’s property. If you are able to prove these elements, you may be able to obtain compensation for things such as medical expenses, pain and suffering, and lost wages.
Boca Raton Premises Liability Attorney Offering Free Consultations
If you or a loved one were injured on another person’s property, we may be able to help. At the Schwechter Law Group, we understand the difficulties injured victims have to go through following an accident. We know first-hand the frustration you may feel knowing that you sustained injuries that could have been prevented. Our Boca Raton premises liability attorneys will work tirelessly to fight for the compensation you deserve. Turn to our skilled, knowledgeable lawyers for high-quality representation. To schedule a free, confidential consultation, call our law offices today at (561) 935-9243.