Premises Liability

An injury resulting from a slip and fall on another’s property that has not been maintained can cause serious and even fatal injuries. A sexual assault and its associated post-traumatic stress disorder (PTSD) is a serious life altering event more often than not caused by an unsafe premise. These injuries might well have been avoided if the owner or manager of the property had maintained it in a reasonably safe manner. Many of these injuries will leave victims unable to work, care for their families, and may even leave permanent scars or disabilities. If you or your loved one has been injured on the premises of another, the attorneys at Brais Law Firm with offices in Miami, Florida, Boston, Massachusetts and Houston, Texas can help you recover maximum compensation for your injuries.

Injuries suffered on another’s property, whether in a home, on a sidewalk, in a parking lot or in a commercial building or shop are often the results of:

  • Improper or negligent maintenance of a building, store, sidewalk, parking lot, street, cruise ship or other private, public or commercial space.
  • Unsafe conditions created by construction crews, landlords, or tenants.
  • Inadequate security including a broken lock, broken or unlocked window, unlit or low-lit stairwell or walking path or unclear or unmarked exit route are often the result of the owner’s failure to adhere to physical security standards and generally accepted security practices.

Depending upon the classification of the person upon another’s property, a land owner will owe a different duty of care. The three main classifications of people are: invitees, licensees, and trespassers.

  • Invitee is any person who is invited onto a premise for business reasons or commercial benefit to the property owner. Invitees are owed the highest degree of care and property owners are required to make sure they are safe from known dangers but, also, dangers that a property owner could reasonable have discovered.
  • Licensee is any person invited onto a premise for reasons other than business or commercial, such as social guest. Licensees are owed a degree of care slightly lower than the duty owed to invitees. Here, the property owner is only required to take reasonable steps to warn or correct of known hazardous conditions but, unlike the case of invitees, there is no duty for a property owner to inspect for and discover unknown dangers.
  • Trespasser is any person who is not authorized to be on the property of another. If a property owner is unaware of a trespasser there is generally no duty to warn the trespasser of an existing danger or make the property safe. In certain circumstances, however, if a property owner becomes aware of a trespasser, the property owner may be obliged to exercise a minimal degree of care so as to not willfully injure the trespasser. The obligation owed by a property owner to a trespassing child is, however, governed by the “attractive nuisances” doctrine.

The attorneys at the law firm of Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 1-800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.

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