RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Premises Liability in Residential Settings

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Personal Injury

The term premises liability refers generally to the process by which the victim of an accident, injury, fatality, or loss, occurring on the property of another, seeks compensation for damages against a person alleged to be responsible for an accident. Actions involving premises liability in residential settings are most commonly directed at the person(s) having ownership, possession or control of property, and determining the appropriate defendant will depend on the circumstances of an incident.

As a general rule, property owners have a duty to protect others from injury by inspecting and maintaining the premises in a reasonably safe condition. In addition, property owners have a duty to warn of known dangerous condition that others could not reasonably expect to discover. However, it is important to remember that the duties owed to a certain individual in particular circumstance will usually depend on their status as an invitee, licensee, or trespasser.

Accidents occurring on residential property are more common than one may think. Improper maintenance can result in slip & fall or trip & fall accidents. Accidents may be caused by liquids or objects on a floor; deteriorating, defective, loose, or improperly secured flooring or floor covering; objects obstructing or protruding from, flooring or an area surrounding a walkway.

Injury can also result when a person slips or falls due to damaged hand rails on a stairway or deck. Injury or fatality can also occur on residential property when an individual creates an unreasonable, unsafe, or hazardous condition, such as a property owner’s negligent use of fireworks, machinery, recreational or sporting vehicles, such as ATVs, or another dangerous equipment or instrumentality. In some cases, the property owner can be held liable for negligent supervision or negligent entrustment for knowingly permitting another to engage in a dangerous or unlawful activity.

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Accidents occurring on residential property commonly involve injury or fatality caused by a motor vehicle. Pedestrians, bicyclists, or even children playing nearby can be struck by a motor vehicle that is backing out of a driveway. In some cases, the property owner fails to properly secure their vehicle, resulting in an unattended vehicle rolling back and striking an unsuspecting victim. When an accident involving a motor vehicle occurs on residential property, there may be multiple sources from which to seek compensation, depending on the circumstances.

Premises Liability claims may be directed at the homeowner, whether through liability insurance or in a personal action directly against the owner. In cases where the residence is rented, both the landlord and tenant may be held liable for damages resulting from an accident. In some cases, injury or loss occurring on residential or other property owned by the state, a county, or a municipality can provide grounds for a claim against the government.

Knowing your legal rights and options is the first step. Our experienced Gainesville premises liability lawyers will investigate the incident and discuss with you all sources that may be available to seek financial compensation from.