Too many people make the mistake of oversimplifying legal claims. For instance, it is easy to assume that if you get hurt on someone’s property, you can file a lawsuit against the property owner. While this may certainly be possible, there are a number of legal nuances that you must consider before you can accurately understand your legal options.
For instance, recently, a Florida woman was walking through a shopping center when she tripped on a loose paver stone. She was injured and she filed a lawsuit against the party responsible for maintaining the property citing negligence. However, she lost her case based on her status on the premises.
Yes, property owners must take reasonable steps to maintain safe conditions on their property. However, they owe this duty only to certain parties.
In accordance with state laws, Florida property owners do not have a responsibility to prevent injuries to a person who is trespassing or otherwise entering property without invitation.
In the case involving the woman and the shopping center, the courts agreed with the property owners that the woman was not invited on the property; she was using the area as a shortcut to get home. Because of this, she was an uninvited licensee. Therefore, the property owners were not liable for her injuries.
As you can see, these cases are more complicated than simply stating you were injured on someone else’s property. You must fulfill the legal requirements of a premises liability claim, which can be more difficult than you expect.
This is not to say you should give up on a claim or assume you will lose; rather, it should be a strong reminder of how critical legal guidance and support can be. With the help of an attorney, you can have an easier time building a successful claim.