When you visit a friend’s house, are in the common areas of your apartment complex, shop in a store or walk into school, you’re entitled to safety. As long as you’re legally on a property, the property owner has a duty to you that includes ensuring there are no hazards on the premises that could cause injuries. Property owners and tenants don’t always fulfill this duty, leading to literally thousands of premises liability injuries in the Jacksonville area every year.

Insurance companies and businesses recognize these risks. It’s one of the reasons businesses have large liability policies and why insurance companies aggressively fight injury claims, even when fault appears to be clear. The Jacksonville premises liability attorneys at Kanner & Pintaluga are here to ensure you’re not shortchanged after suffering an injury due to someone else’s negligence.

What Is Premises Liability Law and What Does It Entail?

Premises liability law governs the responsibility of property owners to ensure the safety of their premises for visitors and guests. This area of law is founded on the principle that property owners and occupiers have a duty to maintain a safe environment and to warn of any non-obvious dangers. Should an individual sustain injuries on someone else’s property due to negligence in upholding these safety standards, the property owner may be held legally accountable. Premises liability cases can encompass a range of scenarios, from slip and fall accidents to inadequate security leading to personal harm.

Why Simply Being Injured on a Property Doesn’t Guarantee a Positive Claim Outcome

In the domain of premises liability, injury alone does not suffice for a claim to be successful. The injured party must demonstrate that the property owner was negligent, which is a nuanced and evidence-heavy process.

It involves establishing that the owner knew or should have known about the hazardous condition and had ample opportunity to remedy the situation but failed to do so. These cases often hinge on the specifics of the hazard—its visibility, the duration it was present and the feasibility of its removal or repair.

Disputes frequently center around these points, with the property owner or insurer potentially arguing that the hazard was not actionable under the law.

What Can I Do if the Insurance Company Says I Was at Fault?

When an insurance company alleges that you contributed to your injuries due to carelessness, a personal injury lawyer can provide invaluable assistance. Your attorney can gather evidence to support the claim that you were acting reasonably and that any careful person could have suffered the same fate in those circumstances.

By meticulously documenting the incident and by demonstrating that the property owner failed to meet their legal obligations, your lawyer can effectively counter the blame-the-victim strategy often employed by insurers.

Common Types of Hazards on Properties