Requirements in Tampa Premises Liability Cases
The requirements for a Tampa premises liability case are a breach of duty by the owner or controller of the premises by not keeping the premises maintained in a reasonably safe condition. This breach of duty must have been what caused an injury to someone, by no fault of their own.
In order to best understand the requirements necessary to bring forward a Tampa premises liability case, it is imperative that an individual consults with a lawyer immediately. An experienced premises liability attorney in Tampa can assist in building a case to help produce a successful claim.
A premises liability attorney will need to know a lot of information regarding the person’s injury in order to determine if it qualifies as a Tampa premises liability case. This includes how the injury occurred and what the person tripped, slipped, or fell on. The attorney will need to know what the person’s injuries are as a result of this fall. Most importantly, the attorney will need to know where the incident occurred so they can determine who the owner or controller of that property is.
Injured persons often say they got hurt on the street or sidewalk in front of some business that they do not know the name of. An attorney will not able to pursue a case on their behalf due to lack of information.
Standard Requirements of Examination
In a Tampa premises liability case, an investigation of the premises is crucial. Important elements include:
- What time of day it was
- Whether it was light outside or dark outside
- If the premises was properly light
- What the property was used for
- If the property was residential or a business where individuals were invited to come spend money
- Whether the injury was foreseeable
- Whether or not there was reasonable time to correct the problem at the time the injury occurred
All of these elements can help an individual determine if they have satisfied the necessary requirements for a Tampa premises liability case.
The most important circumstances in determining whether a case is qualified to be filed as a premises liability case in Tampa include what the injured person was doing on the property, whether it was light out or dark out, and if the property was a place of business or a residence. If people are invited to a residence, no money is to be made by that person being there. If the person is invited to a business, to come spend money, then that individual is a business invitee and there is sometimes a heightened duty.
Foreseeability is whether or not an individual should have known that an injury could occur based on the situation, i.e., if they knew the air conditioner was leaking and it could be foreseeable that somebody would slip and fall. If they did not know it was leaking, then it is not as foreseeable.
Within the reasonable behavior of the owner, it is reasonable that they would not have a warning sign up the second it started raining. If it had been raining for an hour or two or three, then it is more reasonable that they should post a warning sign up in their restaurant so patrons would be careful not to slip.
Type of Property
There are different types of standards of duty in Tampa premises liability cases depending upon whether the property is residential or a business. A commercial property owner would have a duty to warn a business invitee of a dangerous condition, to prevent a dangerous condition from occurring, to be reasonably careful on how they create a safe premises for their invitees, and to guard against some third-party crimes.
If a person is at a private residence, then the owners do not have quite the same duties that they have if they were a business invitee. They still have a duty to protect their invitees and keep the premises in a reasonably safe condition, but they do not have the same duty to guard against third-party criminals or certain things like that. Such requirements in a Tampa premises liability case can be best explained by a knowledgeable attorney.