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Do Premises Liability Laws Apply on Private Property?

By William Chanfrau, Jr. on May 16, 2015

Woman looking at her broken armPremises liability can play a role in many types of accidents. If you were injured on someone else’s property, you have legal protection. A personal injury attorney may be able to help you attain financial compensation. This money can help cover medical bills, lost wages, and related expenses. In many cases, if you were harmed on private property, you will still be able to collect damages. Property owners are legally bound to protect anyone who enters their property. This obligation still holds if the property is not open to the general public. However, premises liability cases involving private property can be complex. Therefore, it is ideal to work with an experienced attorney. The lawyers at Chanfrau & Chanfrau are knowledgeable about this branch of law. To learn more about premises liability and private property, contact our Daytona Beach practice today.

What Is Premises Liability?

Many premises liability cases arise because of poorly maintained property. Slip and fall accidents are among the most common premises liability cases. These incidents can result because of uneven sidewalks, wet patches, broken stairs, and similar damage. Our lawyers also handle several specialized areas of premises liability. These cases include dog bites, negligent security, and toxic mold.

We will first conduct a case evaluation. Your attorney will consider two major factors. First, he or she will examine property maintenance. Second, your lawyer will evaluate your use of the property. If you engaged in unsafe or illegal behavior, you may not be entitled to compensation. In some cases, you may be able to collect a smaller amount of money.

A Property Owner’s Responsibility

Visitors can be classified in three ways.

  • Invitee: Sometimes, invitees are also known as business visitors. These individuals could include customers in a store.
  • Licensee: Licensees are invited onto private property for anything other than business. For example, social visitors are classified as licensees.
  • Trespasser: Trespassers illegally enter private property. They may also disregard the wishes of the owner.

Property owners must keep invitees and licensees safe. Additionally, it is illegal to set up traps or other barriers that could harm a trespasser. If this occurs, the injured party could still be entitled to compensation.

Special Protection for Children

Children do not always understand the rules of private property. Typically, children are not legally responsible for trespassing. Certain dangerous items can be irresistible to young people. These objects could include playground equipment, tools, and yard décor. By law, property owners must maintain such items. Alternatively, they must keep them out of children’s reach. If children are injured due to an owner’s negligence, their families may be able to collect financial damages. They are usually entitled to compensation if they were trespassing at the time of the accident.

Contact Chanfrau & Chanfrau for Aggressive Legal Representation

If you or a loved one has been injured on private property, you need experienced legal assistance. Our attorneys are familiar with premises liability law. After a full case evaluation, they will determine the responsible parties. Then they will fight tirelessly for your rights. Contact us today to find out how we can assist you. 

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