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Frequently Asked Questions about Premises Liability

How do I know if I have a premises liability case?

The key in premises liability is negligence. While you may have been injured on someone's property, you would only have a claim against them if they were negligent on their property, causing your injury. For example, if you were visiting a friend's home and they were doing construction and they failed to warn you about loose nails that caused an injury, you may have a premises liability case against them. These cases can be tricky, contact a lawyer at the Coye Law Firm to help you understand all aspects of your personal injury claim.

Who can make a premises liability case?

There are three types of people who can make a personal injury premises liability case: an invitee, a licensee, and in some cases a trespasser. An invitee is someone who has expressed or implied permission to enter a property. The property holder then has a duty to reasonably ensure that their property is safe for the invitee. A licensee would be someone like a sales person who enters a property for his or her own reasons. In this case, the property holder still has a duty to keep the property safe for any licensee that may enter. A trespasser is someone who does not have permission to be on a property, usually the property holder has no obligation to trespassers, but there are exceptions to this rule. For example, children may be harmed while trespassing and they could have a premises liability claim because children are likely to trespass, even if by accident. Property holders also have an obligation to warn potential trespassers of any dangers on their property. For example, if there is a dangerous dog on the property, there should be a "Beware of Dog" sign. If you believe that you fall under any of these categories, contact the Coye Law Firm to assist you with your claim.

If I was injured in a car accident caused by a road hazard, such as construction equipment, do I have a case?

This area of liability is an interesting aspect of premises liability. Governmental entities cannot be held responsible for injuries in buildings or on roads they fail to build, expand, or modernize. However, when they make the decision to do so, they become responsible for the injuries sustained due to lack of maintenance or due care. It works in a way similar to a private individual owning or operating a building. 

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

If you'd like to learn more about injury law and your rights, read my book, Sharing the Secrets, Learning the Lies: A Guide to Florida Personal Injury

From this book you will learn… 

  1. The ONE THING you must do within 14 days of your accident (page 46)
  2. The two most important factors in determining case value (page 8)
  3. How to understand what your insurance will and will not cover (chapter 3)
  4. 6 critical steps you must take after an accident (chapter 7)
  5. Why you should not trust the insurance company’s repair shop (page 78)
  6. How to choose the right doctor (chapter 5)
  7. A claim you could make against your own insurance company if your car is damaged, but not totaled (page 87)
  8. The secrets to getting a fair settlement (chapter 10)
  9. An 8-step breakdown of the normal process for lawsuits (page 121)
  10. The one 4-letter word that might cost you (chapter 12)
  11. How to start gathering the most important evidence you need (page 75)
  12. …and more!

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