Premises Defects

Jeffrey R. Davis, P.A. has represented many victims injured by dangerous conditions on property.

“Premises defects” or “premises liability” cases stem from personal injuries suffered on the property of others, both residential and business property of others.  Negligence is usually the basis of premises defect claims.  These cases may involve defective construction, poor safety practices, plumbing defects, contractor errors, exposed wires, dangerous chemicals, deferred maintenance, falling merchandise or objects, and other types of injuries from hazards on the premises.

The firm has also handled cases that involve electrocution, burns, toxic chemical exposure, mold exposure, noxious gas exposure, unsafe construction, poor maintenance and other problems in or around premises and property that have caused injury and damage to clients.

Generally under Florida law, property owners and maintenance companies have a duty to keep their premises reasonably safe for people who come on the property. As a result, the property owner/maintenance may be held liable for the injuries caused by dangers on their property.  It is important to know that the “status” of a visitor on the property determines how much of a duty is owed by the owner, and ultimately determines whether liability will attach to the owner in certain cases. A visitor’s status will fit within one of the following:

  • Business Invitee
  • Licensee
  • Recreational User
  • Trespasser

The laws for each type of visitor status are different.  As a general rule, the property owner owes the highest duty to a business invitee (such as a customer) and the least to a trespasser.  However, property owners typically have a duty to maintain “reasonably safe and secure premises,” to all visitors (even a certain level to trespassers).