Premises Liability Attorneys in West Palm Beach & Stuart

Palm Beach County is a vibrant area with many shopping malls, supermarkets, and private residences. With this profitable and social atmosphere, the potential for being injured while on another party’s property increases. Property owners and occupiers owe invitees and licensees a duty of care. When an owner breaches that duty of care, serious injuries can occur. The West Palm Beach premises liability lawyers at Donaldson & Weston assist individuals injured by falls and other accidents on the property of others.

Business owners, as well as those inviting others onto their property as guests, are expected to take certain steps to make sure those guests are safe from harm. When they fail to do so, the property owner or occupier could be held liable for damages. If you or someone you love was hurt in such a scenario, call our office at 561-299-3999 for a free consultation.

Where Do Injuries Commonly Happen That Lead to Premises Liability Claims?

West Palm Beach has a variety of restaurants, supermarkets, and shops that are visited by residents daily. Among the most popular venues are Palm Beach Outlets and The Gardens Mall, as well as the local Publix and Target. Shopping centers can be dangerous to patrons, especially when employees are not properly trained or supervised, or when stairwells and parking lots fall into disrepair.

In addition to these business areas, people are often guests at friends’ or family members’ homes, where hazards can also be present. Unsecured swimming pools are especially dangerous to children who visit someone else’s home. When visitors are injured due to harmful conditions on someone else’s property, the owner may be held liable for damages, depending on the circumstances.

What Duty of Care Is Owed to Invitees and Licensees?

All patrons, guests, and others are expected to exercise reasonable care in keeping themselves safe from harm. What constitutes reasonable care depends on the situation.

Property owners also owe invitees and licensees a duty of care. Business owners are responsible for exercising the highest degree of care when it comes to ensuring a safe environment for invitees, which are people who are on a premises for business dealings. Property owners are expected to conduct regular inspections and to fix or warn patrons of dangerous conditions. If you were hurt as an invitee, our premises liability attorneys in West Palm Beach can investigate whether the duty of care was breached.

To prevail in a premises liability claim as an invitee, it must be shown that the business had actual or constructive knowledge of the unsafe condition but failed to take proper action. Constructive knowledge is based on the length of time the hazard was present and whether or not a business exercising ordinary care would have learned of its existence. For instance, if a store had a leak that had not been repaired for weeks, a puddle might have formed. If a patron slips on the puddle and gets injured, the business may be responsible for damages.

Licensees, or visitors to a property for a social purpose, are owed a lesser degree of care. Hosts are required to maintain their property in a reasonably safe manner and to warn visitors of known hazards, but there is no duty of inspection.

If your child is injured, it may be possible to bring a claim if the injury occurred due to an "attractive nuisance." Attractive nuisances are conditions or structures that are likely to draw a child’s attention but are particularly dangerous, such as pools or trampolines. Property owners are required to take reasonable precautions to safeguard children from these dangers, like making sure there is a fence around a pool or that access is otherwise restricted.

Set up a Free Consultation with a Premises Liability Lawyer in West Palm Beach

Our attorneys have extensive experience and a track record of success in premises liability cases involving a wide range of circumstances. For a free case review, contact us today at 561-299-3999.