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What is Premises Liability?

A property owner is held responsible in a  premises liability lawsuit for any damages that arise out of an injury on that person or individuals property. It is a type of personal injury case where the injury was caused by some type of unsafe or defective condition on someone’s property. In all states, owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors. Failure to keep the property safe for visitors can result in a liability lawsuit. In these cases, the injured person must prove that the property owner was negligent in regards to maintenance of the property or anything along those lines. Negligence means that the owner of the property failed to use reasonable care over their land. It is important to note that just because you were hurt on someone’s property does not automatically mean that the property owner was negligent. Further, simply because the property might have been in an unsafe condition does not automatically mean that the property owner was negligent. A JGarcia Law Firm attorney in Orlando FL, can help you figure out if you have a case and show proof that the property owner knew or should reasonably have known that the premises were in an unsafe condition, and still failed to take proper steps to remedy the situation.

Examples of Common Cases

There are various types of personal injury cases that can be classified as premises liability including:

  • slip and fall cases (This is the most straightforward case, they occur when you slip, trip or fall on someone else’s property. Some conditions that may lead to this case are defective staircases, accumulation of ice/snow, wet floors with no sign, loose or broken floors and so on.)
  • snow and ice accidents
  • inadequate maintenance of the premises
  • defective conditions on the premises
  • inadequate building security leading to injury or assault
  • elevator and escalator accidents
  • dog bites
  • swimming pool accidents
  • amusement park accidents
  • fires


In Florida, depending on the land owners relationship to the victim, compensation for the victim varies. There are three categories of legally classifying that relationship…

  • Invitees – someone who has permission from the landowner to enter the property. Invitees are usually people the landowner personally knows like like friends, relatives, and neighbors
  • Licensees- someone who has the landowner’s permission to enter the property, but is coming onto the property for his or her own purposes, like a salesman
  • And trespassers.

trespasser is a person who does not have permission to be on the property at all, they entered the premises without authority from the landowner. Typically landowners owe no duty to trespassers since they entered at their own risk, without permission.  Typically a trespasser is on the property for their own purposes, loitering for example. The only exception, in this case, is if the trespasser is a child then the owner of the property owes the duty to exercise care to avoid a foreseeable risk of harm to children caused by conditions on the land (swimming pool for example).


Due to the fact that the rules can get pretty complicated and they differ from state to state, you should contact our experienced local Orlando lawyers at JGarcia Law Firm if you have questions about a potential premises liability case. We will fight for you and seek justice for your case. Call us today at 407-649-6448 or visit online at https://411attorney.com/.

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