Spring time is almost here in Florida! It’s time to wipe down the cobwebs and dust off the barbecue and lounging chairs, spruce up the swimming pool, and invite your friends and family over for some good old fashioned food and southern frivolity. Suddenly, somebody is seriously hurt or, even worse, dies as a result of an injury.
An Ounce of Prevention is Worth a Pound of Cure!
As a father of four under the age of 12, I know too well that accidents happen. Many accidents can be prevented with a little care and diligence. Have the cockroach and rodent poisons been locked away or put out reach? Did you tighten the loose ladder rung attached to the play structure? Are there dead tree limbs just waiting to fall? Does your landscaper or contractor building your new ‘Florida Room’ have adequate insurance in case of injury while on your property?
To consult with an experienced personal injury lawyer today, call 855-686-6752
Am I Liable for the Injuries Sustained as a Result of the Accident?
This article cannot discuss every nuance of the law for every situation. First, there is not enough room, and second, you would be bored to tears! Generally speaking, the law imposes a ‘duty of care’ on every person who owns or possesses land in Florida. For instance, if you give someone permission to be on your property, you owe a duty to act as a reasonable prudent person. You must keep the premises in a safe condition, seek out any hidden dangers, and either warn about the dangers or take reasonable steps to make them safe. For those labeled as trespassers, you owe a duty to refrain from wanton negligence or willful misconduct. If you see the trespasser, however, you also owe a duty to warn of known dangers that are not easily discovered.
A child who is injured while trespassing may still bring suit against you if there is an ‘attractive nuisance’. Do you have something that you know or have reason to know children are likely to be drawn toward and could result in a risk of death or serious injury? Children are curious creatures and do not always perceive the risk they are taking while exploring their environment. It is up to you to exercise reasonable care to eliminate the danger or otherwise protect the children.
Insurance… a Simple Way to Help Protect Your Hard Earned Assets!
I’m not an insurance salesman, but adequate insurance can bring peace of mind. A lawsuit can result in hundreds of thousands, or even millions of dollars in damages, not to mention the legal fees and costs. If you have sufficient insurance and an injury claim is made, you can simply turn the problem over to the insurance carrier, who will then hire legal counsel to protect you. Just as you should ensure you are adequately protected with automobile, health, life and disability insurance coverage, it is imperative that you have adequate premises liability insurance. Make sure your insurance agent thoroughly explains the coverage available, including the benefits of an ‘umbrella policy’. This is one case where being penny-wise may end up being pound-foolish!
– Adam S. Towers is a shareholder with Bogin, Munns & Munns, a full service law firm with offices in Orlando, Clermont, Kissimmee, The Villages, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida. Mr. Towers manages the Gainesville office of the firm and handles business, real estate, and insurance litigation. He welcomes questions and comments regarding the above and can be reached at [email protected].
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.