Property owners in Florida have a duty to maintain a safe environment for anyone that has been invited to their premises. The State of Florida outlines safety standards that place the responsibility of visitors’ safety on the property owners themselves, applying to all types of dwelling units, ensuring the safety and legal handling of tenant’s personal property. Any manner of problems could potentially cause serious injury to a person, leaving them with substantial damages, both financial and physical.
If you have suffered an accident that was caused by the failure of a property owner to adequately meet health and safety standards, you may be entitled to compensation. Understanding landlord-tenant laws is crucial for property owners. Make sure that you get the justice you deserve by hiring an experienced attorney.
At The Law Place, our team offers free consultations so that you can get the advice you need to take your case forward. With a combined experience of over 75 years, our knowledge will ensure that you have the best representation available. Our lines are open 24 hours, 7 days a week, so call us today at (941) 444-4444 to speak to a Florida premises liability lawyer.
What Safety Standards Do Commercial Business Owners Have to Meet?
In our day-to-day lives, we occupy huge amounts of commercial space. From supermarkets to hotels to hospitals, we make use of buildings that are available for the public and therefore are expected to follow strict codes of conduct. All business owners who have real estate that invites people onto its premises must meet regulations to guarantee the safety of the invitees. Here are some areas in which state and local laws require attention:
- Doors – Whilst not a common cause of injury, any malfunction that could have been reasonably foreseen makes the owner liable.
- Windows – Severe lacerations can occur if a broken window is not immediately attended to.
- Aisles – All aisles and passageways must be kept free from obstacles, falling stock, and spilled liquids. This requires employees to make regular checks of the space.
- Floor hazards – One of the most common causes of injury is poor floor conditions. Defective or slippery flooring, spilled food, and worn anti-slip material can lead to cases of trips and falls. Property owners can be held liable if sufficient proof is presented showing that they were aware of the hazard.
- Staircases – There are laws in place that outline the building methods and height requirements for steps and stairways. Furthermore, there must be sufficient lighting and access to handrails. Making sure access is clear of debris, and possible hazards is also a stipulation.
Commercial business owners must also ensure their rental agreement includes clauses that address safety standards. Property owners must respect tenant rights to safe conditions, which are crucial for preventing liability issues and ensuring a secure environment for all occupants.
Safety Standards for Rental Properties
Rental property owners and property managers must adhere to strict safety standards, including compliance with all relevant housing codes and regulations. They must comply with the legal doctrine of implied warranty of habitability which means keeping property in a fit condition. Regulations include:
- Maintaining the structural integrity of the building.
- Ensure that the property is free from potential hazards and deal with any hazards that arise quickly.
- Essential services like heating, plumbing, and electricity should be maintained to a high standard.
- Providing essential safety devices like carbon monoxide detectors and smoke alarms.
Security Measures
Rental properties should be secure which means that property owners must provide adequate security measures, which could include:
- Secure locks.
- Well-lit common areas such as hallways and laundry rooms.
- Surveillance cameras to monitor suspicious activity.
- Secure windows.
- In some situations, security personnel may be necessary to protect tenants from criminal activity.
- Property owners should screen prospective tenants thoroughly to ensure they do not pose a risk to other tenants. They may also check their employment to ensure that they are likely to pay rent on time.
- Property owners should also establish clear protocols for reporting and addressing any security issues.
Fire Safety
All rental properties should have working smoke detectors and carbon monoxide detectors and they should be maintained regularly to ensure they are working properly. Property owners should also provide fire extinguishers and should ensure that fire exits are clearly marked and accessible.
Maintenance, Inspections, and Tenant Responsibilities
Properties should be maintained and regularly inspected to ensure that all potential hazards are identified and dealt with.
Tenants’ actions also play a role in maintaining a safe living environment. They should report hazards to the property manager or owner and avoid any activities that could compromise safety. When they do report issues, they should be dealt with promptly.
We’re here to serve you. Our phones are open 24 hours a day. What If You Are Injured on Someone Else’s Property? Understanding Premises Liability Law
Premises liability law holds property owners legally responsible if someone is injured on their property due to unsafe conditions. Common examples include:
- Slip and fall accidents.
- Trip and fall accidents.
- Dog bites.
- Inadequate security such as low lighting contributing to an assault.
- Accidents are caused by poor property maintenance.
Types of Visitors and Property Owner’s Duty of Care
Property owners owe visitors a duty of care to keep them safe from harm, however, the degree of duty owed to a visitor depends on their status. Visitors can be divided into three main categories
- Invitees – Invitees enter a property for business purposes such as customers in a department store. Invitees are owed the highest duty of care and property owners must ensure that their businesses are safe and that any hazards that cannot be immediately resolved are clearly signposted.
- Licensees – Licensees enter a property for their own purposes, with the permission of the property owner, such as someone visiting friends or family. Property owners owe invites a lower duty of care but must still ensure that their property is reasonably safe and that licensees are aware of any potential dangers.
- Trespassers – Trespassers enter a property without the owner’s permission. Property owners usually owe the lowest duty of care to trespassers, although they cannot willfully harm them. However, there are exceptions to this rule, particularly when children are involved. In accordance with the attractive nuisance doctrine, children should be protected from hazards that could attract them such as swimming pools.
We’re Florida’s top litigation team with over 75 years of combined experience How do You Prove a Premises Liability Case?
If you have been injured on someone else’s property, your attorney will usually need to establish negligence. In order to do so, four elements must be proven, they are:
- Duty of Care – First, it must be established that the property owner owed you a duty of care which will vary depending on your status as a visitor.
- Breach of Duty – Next it must be shown that this duty was breached. For example, perhaps they failed to warn you of a danger or perhaps a lack of security resulting in an assault.
Causation – The property owner’s action or inaction must have directly caused your injuries. - Damages – Finally, these injuries must have led to damages such as medical bills, lost wages, pain and suffering, and any other relevant expenses.
Strict Liability – Dog Bite Cases
One exception to negligence laws is in dog bite cases. Florida follows a strict liability doctrine for dog bite cases which means that if you are bit by someone else’s dog, the owner can be held liable regardless of the dog’s previous behavior. In dog bite cases it is not necessary to prove negligence, ensuring that dog bite victims can seek compensation.
From the initial call to updates on your case status, we are here to get you answers. Steps to Take If Injured on Someone Else’s Property
If you are injured on someone else’s property then the steps you take can greatly improve your chances of a successful claim for compensation.
- Seek Medical Attention – You should prioritize your health by seeking medical attention as soon as possible after the incident. Your medical records also serve as vital evidence in your claim and help to clearly establish causation between the incident and your injuries.
- Report The Incident – You should inform the property owner or manager of the incident so that they can deal with the hazard and prevent anyone else from being hurt. The incident should be recorded so that this official report can be used as evidence in your claim.
- Gather Evidence – If your injuries allow, you should gather evidence from the scene. This could include photographs, videos, and contact information from any witnesses. Following the incident, you can continue to gather evidence by keeping details of any medical treatment, expenses, and communications with the property owner. Depending on the extent of your injuries you may also want to keep a diary detailing the effect that your injuries are having on your wellbeing and the impact on your daily life.
- Call The Law Place – Call The Law Place for a free consultation with a premises liability attorney. They will determine whether you have a valid claim and advise you on your next steps. If you agree to representation our attorneys will work on a no-win, no-fee basis, so you have nothing to lose by reaching out for help.
What Safety Standards Do Property Owners Have to Have in Place? FAQ
What are the basic safety standards required for rental properties?
Rental premises must comply with both state and local safety regulations. For example, property owners must ensure tenant safety by adhering to strict standards such as maintaining working smoke detectors and structural integrity. In accordance with real estate law any communal areas such as laundry rooms and hallways should be well lit and there should be a security system in place. They should also address any dangerous condition that they are aware of quickly and provide reasonable protection to tenants.
What should property owners do to address immediate hazards?
Immediate hazards should be dealt with straight away to keep people safe. Hazards such as a broken lock or light should be fixed quickly.
How do I know if I have a valid personal injury claim?
At The Law Place, we offer a free consultation, so you can speak to an experienced personal injury lawyer who will listen to the details of your case and advise you as to whether they believe you have a valid claim.
What types of damages can I recover in a personal injury claim?
In a personal injury claim, you should be able to claim damages such as medical expenses, lost wages, and property damage. If your injuries are ongoing then this should also include future expenses such as those relating to ongoing medical treatment or lost earning capacity. An attorney will also ensure that your non-economic damages are considered such as your emotional suffering, and the effect your injuries have had on your daily life. While noneconomic damages can be subjective, when you have the help of an experienced attorney, they can make up a large percentage of your settlement.
How long do I have to file a personal injury claim?
In Florida, recent changes in legislation mean that you now have just two years to make a personal injury claim. However, if the accident occurred before March 24, 2023, then the old legislation will still apply, meaning you will have four years to make a claim.
Do I need a lawyer to file a personal injury claim?
Although you have a right to represent yourself, it is not recommended. An attorney will help to establish liability, evidence your damages, and negotiate with insurance companies who will be trying to pay you as little as possible. Not only do you improve your chances of fair compensation when you have the help of an attorney, it also helps ensure that you can focus on your recovery without the stress of undergoing a legal battle without help.
How much will an attorney from The Law Place cost?
At The Law Place, our premises liability attorneys work on a no-win, no-fee basis. Before you agree to representation we will agree on a percentage that we will take if your claim is successful. If for some reason your case does not succeed, we will not receive anything.
What to Do if a Property Owner Has Failed to Meet Safety Standards
If you have been injured as a result of negligence in a property, then you may be able to make a case and receive compensation for your suffering. Here at The Law Place, we offer advice given by a team of highly experienced attorneys. If you encounter safety issues, it is important to provide a landlord’s notice in writing to ensure proper documentation and prompt action.
Our free consultation service allows you to talk to a lawyer before you make any final decisions about your representation. With our phone lines open all day, every day, you can call us when you need it most. The landlord must address any reported safety concerns promptly to avoid legal action.
Contact us today at (941) 444-4444.
