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Premises Liability On Residential Property


When most people think of premises liability accidents, they picture commercial spaces like grocery stores, retail shops, restaurants, movie theaters, and amusement parks. However, accidents can also happen on residential property in a person’s home, apartment complex, or condominium. Different standards may apply to residential premises liability cases, and an experienced personal injury lawyer like those at Earnhart Law in Delray Beach can ensure that you get the compensation that you deserve after an accident. To learn more, call or contact our office to schedule a free consultation.

What is Premises Liability? 

All property owners and occupiers for both residential and commercial premises have a duty to keep the area safe for others. When a property owner or occupier fails to maintain their premises and an accident results from a hazardous condition, the victim may be able to file a claim for compensation. Premises liability claims take many forms, and some of the most common lawsuits include the following:

  • Slip and falls,
  • Trip and falls,
  • Negligent security claims,
  • Defective conditions on the property,
  • Elevator and escalator accidents,
  • Swimming pool accidents,
  • Fires,
  • Electrocution accidents,
  • Defective stairs or flooring,
  • Dog bite attacks, and more.

Liability on Residential Property

The level of care that a property owner or occupier must take is dependent on the type of person visiting their property. Most residential visitors are known as licensees, or invited guests, who are on the premises for a social call. This differs from a customer to a commercial space, known as an invitee, who is there expressly for the benefit of the property owner. Licensees on residential property are given the second highest duty of care under Florida law. This means that property owners and occupiers are required to keep their premises reasonably safe from dangerous conditions, fix any known hazards, and warn guests about any known dangers on the property.

Compensation for Injuries

Compensation for injuries caused by a premises liability accident on residential property includes damages for both economic and noneconomic harms inflicted on the victim. Economic damages cover all out of pocket expenses like medical bills, lost wages, property damage, and the loss of future income and benefits. Noneconomic damages compensate the victim for their pain and suffering, emotional distress, disability, disfigurement, and for their loss of enjoyment of life.

In fatal accidents on a residential premises, the family of the victim may also seek compensation for wrongful death. Damages for a wrongful death claim include compensation for any final medical bills, funeral and burial costs, any final pain and suffering of the victim, and for the family’s loss of love, support, guidance, and companionship of the victim.

Call or Contact Our Office Now

Have you or a loved one been injured on the residential property of another? If so, the experienced Delray Beach premises liability lawyers at Earnhart Law are here to help. Call the office or contact us today to schedule a free evaluation of your injury claims now.

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