West Palm Beach Premises Liability Requirements
It is important to note that a property owner is not immediately responsible for an injury just because it happened on their premises. If the injury could have occurred because the manager did not take the proper steps and precautions to prevent or to warn people about it, only then could they be held responsible.
However, if they were indeed negligent in their actions, a lawyer in West Palm Beach can help meet the requirements for a premises liability case by proving a property owner did not meet the necessary standard for maintaining their land. A dedicated attorney at Domnick Cunningham & Whalen can explain how to demonstrate the property owner’s negligence and work to recover compensation for the injuries caused as a result.
Qualifications to be Considered a Premises Liability Case in West Palm Beach
The qualifications that must be met for a personal injury case to be considered premises liability are:
- A person must be injured to recover any damages
- They need to be injured on the property of another person or company
- The defendant must owe some duty of care to the person who gets hurt
A premises liability attorney would need to know where the incident occurred when it happened, and what caused the injury to demonstrate negligence to a West Palm Beach court as well. For example, in a slip and fall case, the important details will involve what they slipped on, whether there was evidence of the dangerous condition before the accident, whether any photographs and videos were taken, and how severely the person was injured.
Standard Examination Requirements in a Property Negligence Claim
Some examples of the standard requirements of examination that must be met are:
- If the property owner had a plan in place to inspect the premises periodically
- Whether the owner did a sufficient inspection
- The owner corrected any dangers found or at least took steps to warn people about the hazards
Duty of Care
A property owner owes a duty of care to visitors that obligates them to take reasonable steps to ensure a safe environment. Part of that duty is inspecting their property periodically of any dangers that could present a potential for injury. During a premises liability trial, the courts look at the condition that caused the injury to figure out if the hazard was something that was foreseeable to the property owner and if the manager could not have anticipated the accident.
Type of Property
The type of property an incident occurs on could determine how much care the manager owes the visitors in West Palm Beach. For instance, if the property is open to the public, such as a grocery store or shopping mall, a business owner would owe a higher degree of care to those visitors. The manager would have to inspect more regularly and take certain steps to keep the property safe.
If it is private property, and the person injured was trespassing, the owner would be held to a lower standard of care, and may not be held liable if an accident occurs as long as they did not intend to harm anyone.
Statute of Limitations in West Palm Beach
In West Palm Beach, the statute of limitations for premises liability is four years. This means that plaintiffs in a premises liability case only have four years from the date of their injury to file a case to recover compensation. Bringing a claim after that statute of limitations has expired could result in a case being barred from receiving damages.
Reach out to a West Palm Beach Attorney to Learn More About the Requirements for Filing a Premises Liability Claim
The requirements that must be met by an owner to ensure their land is safe depends on the type of property it is and what it is being used for. The general rule is that an owner must take reasonable steps to either eliminate, guard against, or warn the public of potential dangers on their property.
If an individual who invited you on the property did not take these reasonable steps, failed to adhere to the proper requirements, and you or a loved one were injured as a result, a West Palm Beach attorney can help you recover your losses in a premises liability case. Speak with a lawyer at Domnick Cunningham & Whalen today to start working on your case.