Largo Premises Liability Attorney
Most people are aware of a driver’s duty of reasonable care. This duty isn’t limited to obeying the rules of the road. Motorists also have a legal duty to look after passenger safety. That’s especially true if the driver is a taxi driver, Uber driver, bus driver, or other operator who carries people for profit. This same responsibility applies to business owners, landowners, homeowners, and other property owners. These individuals and companies have a duty to prevent personal injuries like falls, third-party assaults, and swimming pool drownings.
These incidents often cause serious injuries, such as spine injuries. The spine is a long chain of thirty-three bones and twenty-six vertebrae. Any impact could knock these bones and nerves out of alignment. These misalignment injuries are always painful and often debilitating. Furthermore, in many cases, invasive and risky back surgery is the only treatment option. Usually, this surgical remedy is only temporary. In fact, the lifelong medical expenses in a serious spine injury case could exceed $5 million.
The experienced Largo premises liability attorneys at The Reep Law Firm know what it takes to obtain maximum compensation for these injuries. Over the years, we’ve developed proven methods that have obtained life-changing results for our clients. These methods rely on traditional values, like hard work, dedication to clients, and open communication. We’re confident that these methods will obtain the same life-changing results in your case.
Establishing Liability
As mentioned, a driver’s duty of care often depends on whether the motorist is a noncommercial or commercial operator. Somewhat similarly, a property owner’s duty of care usually depends on the relationship between the owner and victim, as follows:
- Invitee: Almost all individuals have direct or general permission to be on someone else’s property. Furthermore, just by being there, they usually benefit the owner. This benefit could be economic or noneconomic. Because of this benefit, however slight it might be, the owner has a duty of care to make the property reasonably safe.
- Licensee: Individuals like guests of apartment tenants are licensees. They have general permission to be there, but they don’t benefit the owner in any tangible way. Therefore, the owner only has a duty to warn the licensee about latent (hidden) defects, such as loose floor rugs or rickety stairs.
- Trespasser: If there was no permission and no benefit, the owner usually has no duty of care. Some legal doctrines, like the attractive nuisance rule, protect some child trespassers in some situations. But for the most part, tales of injured burglars who successfully sued homeowners are urban legends.
Additionally, the owner must know about the property defect which caused injury. Evidence on this point could be direct or circumstantial.
Owners often hide smoking guns, like restroom cleaning reports, until a lawsuit’s discovery phase. Therefore, if a premises liability claim settles too early, the best evidence may be unavailable.
Circumstantial evidence of constructive knowledge (should have known) usually hinges on the time-notice rule. Picture a leaf of lettuce on a grocery store floor. If the lettuce was wet and crisp, it probably just fell on the floor, so the store owner isn’t liable for damages. Things are different if the piece of lettuce was dry and wilted.
Foreseeability (possibility) of injury could be an issue as well, especially in negligent security claims. Evidence on this point includes prior similar instances at that location and the area’s reputation as a “high crime” area.
A Largo premises liability attorney must also successfully refute insurance company defenses, such as comparative fault and assumption of the risk. Lawyers use these defenses to reduce or deny compensation to victims.
Work With a Dedicated Pinellas County Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced premises liability attorney in Largo, contact Reep, Coleman & Stubbendorff. We do not charge upfront legal fees in these matters.
