Holding Property Owners Accountable
Premises liability is a section of tort law that covers whether the controller of a building or property is legally liable for an injury that occurred to a visitor while on the premises. As an experienced Jacksonville premises liability lawyer will tell you, the controller of the premises who is legally responsible for its maintenance can be the owner, tenant, occupier or manager. A visitor to the premises can be an invitee, licensee or a trespasser.
If you sustain an injury while on another person’s property, your status as an invitee, licensee or a trespasser is the most important aspect in determining the liability of the controller. Premises liability law can be complicated. If you are in need of Jacksonville premises liability attorneys contact our Jacksonville Beach personal injury attorney today.
Often referred to as business invitees, invitees are visitors who are on the premises for the express purpose of engaging in commercial transactions or dealings with the controller. A customer in a grocery store is a good example of an invitee.
The controller of the property has the highest duty of care to an invitee and must warn or protect an invitee from risks or dangers they know about or should be reasonably expected to know about. This duty to warn and protect may also include a responsibility to occasionally inspect the premises for risks or dangers.
A visitor is a licensee if the controller has given express or implied permission to be on the premises for any reasons that are not commercial. A party guest is a licensee who was given express permission, while a family member who occasionally visits unannounced is a licensee with implied permission. A controller is liable for the injury of a licensee if and only if:
- The controller knew or should have known of the hazard and the risk of harm it posed.
- The controller did not exercise reasonable care in remedying the hazard or warning the licensee of the risk.
- The licensee did not know or could not be reasonably expected to know of the hazard.
Knowing how your injury relates to premises liability law is a task best suited for Jacksonville premises liability attorneys with many years of experience. You should seek the help of qualified Jacksonville injury lawyers immediately.
Generally, a controller of a property has much less liability for injuries suffered by trespassers, but there are certain cases in which a controller may be liable.