Types of Premises Liability Cases in West Palm Beach
Each property negligence claim could be handled differently, as severity determines the factors of each case. A seasoned lawyer in West Palm Beach can help explain the different types of claims and guide you through the process of building a solid premises liability case
If you have suffered injuries on another’s property, a Domnick Cunningham & Whalen attorney can discuss the next steps for recovering the fair compensation you could be entitled to.
Common Locations Where Property Negligence Injury Occurs
The types of premises liability cases handled by West Palm Beach lawyers can include slip and falls, drownings in swimming pools, and negligent security cases, such as shootings or stabbings. Experienced attorneys could take on any case in which someone is injured on another’s property from a hazard that was neglected or not made apparent.
Some common locations in which premises liability cases occur in West Palm Beach include commercial properties like grocery stores and other establishments that are open to the invited public, like doctor’s offices, malls, or a pool. They also occur frequently at residential homes, for instance, if somebody visiting the property is injured due to the homeowner’s carelessness.
Determining Liability in a Premises Liability Case
Liability can be determined by looking at if the property owner knew or should have known about the danger and whether it was their duty to resolve the risk or at least warn the visitors about it beforehand. This is the most important factor because if they had knowledge of the danger and did not correct it, a much stronger case for compensation can be made.
If many people in West Palm Beach have been injured in the same way, that can also strengthen the case if the property owner has still not fixed the hazard.
The Legal Status of a Visitor on a West Palm Beach Property
The role the legal status of the visitor plays into a premises liability case is that it determines how much duty the property owner owes them to keep their land safe.
If somebody is invited onto the property, the owner has a much higher duty of care to inspect the property and to eliminate any known dangers.
If a person is a licensee and was stopping by the property unannounced or trying to sell something, the standard is slightly lower. The property owner would not owe them a duty of care to the highest extent like invitees, but they have to make sure they do not willfully or wantonly harm the licensee.
Finally, trespassers that enter on the property without any permission, or stay after they have been asked to leave, have very little protection under the law. Property owners are only responsible for avoiding or for not intentionally harming those who trespass.
The one exception for a trespasser is if the visitor is a child. If something is seen as an attractive nuisance, like a swimming pool or a trampoline, a property owner can be held responsible, even though the child was trespassing.
Does the Type of Premises Liability Case Affect Recoverable Damages?
Regardless of the type of case, a person can recover damages for any past medical expenses they have incurred, future medical expenses, as well as lost wages or the inability to earn a future income. Injured plaintiffs could also recover compensation for pain and suffering and other noneconomic damages, such as disability disfigurement and a decrease of life enjoyment.
Contact a Premises Liability Attorney in West Palm Beach to Discuss Your Case
A person can be confident that they have a strong premises liability case if the property owner knew about the problem beforehand and did not fix it. However, every personal injury case is different, and there are many types of cases when it comes to property negligence.
A West Palm Beach attorney can help you determine what type of premises liability case you could have and what damages are recoverable for the consequences you have suffered. Call a legal representative at Domnick Cunningham & Whalen to learn more today.