Premises Liability in West Melbourne, Florida
Mark Anthony Gager — Serving Brevard County for 23 Years
The law holds that property owners have a responsibility to guests — and in some cases, to trespassers — to make sure that their property is reasonably safe. When they fail to do this, they create the potential for serious and sometimes fatal injuries and they may be held liable to compensate the victims for medical expenses, suffering and other damages. This area of law is called "premises liability."
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In order to win a premises liability case, however, the plaintiff has to show that the property owner was in fact negligent in his or her failure to keep the property safe. It has to be shown that the owner violated a "standard of care" and proving this can be difficult. It takes the help of a personal injury attorney with significant experience in handling premises liability cases.
Mark Anthony Gager has handled thousands of personal injury cases, including premises liability. While in most cases, material hazards on the property itself make it unsafe — like in a slip and fall case — other dangers can constitute premises liability. For example, Mr. Gager has handled cases where buildings in high-crime areas were found negligent for having low security, leading to brutal criminal attacks.
People injured in premises liability cases can receive damages based upon their status within one of the following three categories:
- Invitee: An invitee is someone who was expressly invited to come to the property where the accident occurred, whether for business or just as a friendly visit. The property owner has a legal duty to make sure an invitee is safe.
- Licensee: A licensee doesn't need to have been invited to the property but he or she has to be there with the landowner's consent. The landowner has a duty to warn a licensee of any dangers on the property.
- Trespasser: A trespasser is someone who enters the property without the owner's knowledge or consent. Except in certain circumstances, the owner doesn't usually have any duty to provide for the safety of adult trespassers. However, property owners generally are responsible for the safety of children, even if they are trespassing.
For a free initial consultation with attorney Mark Anthony Gager, you can contact his offices online or call 321-473-3275 today.
