Your Tallahassee, FL Premises Liability Attorneys
As the term suggests, premises liability occurs when an individual is injured due to the negligent actions or inactions of a property owner or operator. The property in question could be a retail store, a residence, an apartment, a hospital, or even a public space. However, it is important to understand that simply being injured on someone else's property does not automatically result in a premises liability case.
Understanding Premises Liability in Tallahassee, FL
Determining the Status of the Injured Party
First, it is important to determine the injured party's status because this can impact the duty owed to that party by the premises owner.
- Invitee: An invitee is someone who is on the premises at the express or implied invitation of the owner or occupant, and their presence benefits the owner or occupant. The owner or occupant must ensure that the invitee is not exposed to danger and exercise ordinary care to maintain the premises reasonably safe.
- Licensee: A licensee enters the premises with the invitation, permission, or acquiescence of the possessor for the licensee's own benefit, convenience, or pleasure. The property owner or occupant must avoid willfully or wantonly injuring the licensee and must take care to prevent negligent injury if they become aware that the licensee is in a dangerous situation.
- Social Guest: A social guest is on the premises for purely social reasons, without any business or commercial benefit. The property owner or occupant owes the social guest a duty to avoid willful or wanton injury and to prevent negligent injury once they know the guest is in danger. This duty is similar to that owed to a licensee.
- Trespasser: A trespasser is on the premises without any invitation, express or implied. A person can also become a trespasser if they initially had permission to enter but remain after that permission is withdrawn. The property owner or operator must not intentionally injure a trespasser or set traps for them and must warn them of known dangers if they are aware of the trespasser's presence.
Common Defenses in Premises Liability Cases in Tallahassee, FL
In determining whether a premises owner/operator is liable for injuries sustained by an individual on the property, it is also necessary to consider any available defenses for the owner/operator. One of the most common defenses is known as the "open and obvious" defense. The law expects individuals to be reasonably aware of their surroundings. If an injury occurs due to a condition that the injured party should have seen and avoided by exercising reasonable care, the owner/operator may not be found liable. Whether a condition was indeed open and obvious, thereby negating liability, is typically a question for a jury. However, there are instances where a court may decide this issue as a matter of law.
Expertise in Complex Premises Liability Cases in Tallahassee, FL
Premises liability cases can be both challenging and complex. The attorneys at The Cochran Firm – Dothan bring decades of experience to navigating these complexities. We leverage that experience to benefit our clients, diligently working toward successful outcomes. While each case and client are unique, our attorneys consistently apply the same level of dedication and effort to every case.
Contingency Fee Basis
Our firm operates on a contingency basis, so you won't have to worry about hourly billing. Instead of charging an hourly fee, we take a percentage of the recovery once your claim is successfully resolved, and only if it is successfully resolved.
Secure Fair and Just Compensation in Tallahassee, FL with The Cochran Firm - Dothan
The attorneys at The Cochran Firm – Dothan possess the knowledge and experience to obtain fair and just compensation for you if you are injured due to premises liability. For over forty years, our attorneys have represented individuals like you. If you need assistance following a premises liability incident, do not hesitate to call our office. At The Cochran Firm – Dothan, we are here when you need us.
National Reach with Local Expertise
The attorneys at The Cochran Firm – Dothan are part of a nationwide network of Cochran Firm offices. This provides our clients with access to the collective expertise and knowledge of attorneys across the country who have secured over $30 billion in settlements and verdicts on behalf of clients. This also means access to attorneys with specialized expertise in a wide range of personal injury cases, including trucking accidents, medical malpractice, defective products, and more. Cochran Firm attorneys frequently lecture at continuing legal education seminars, sharing their extensive experience with complex cases to benefit other legal professionals.
Areas We Serve
While the attorneys with The Cochran Firm – Dothan have worked with cases throughout the United States, our primary service area includes Alabama, Northwest Florida, and Southwest Georgia.