Injury Law Services
- Ft. Lauderdale Auto Accident Attorney
- Slip and Fall: Premises Liability
- Wrongful Death
- Social Security Disability Insurance
- Workers' Compensation
Office Location
7491 West Oakland Park Blvd.
Suite 304
Lauderhill, Florida, 33319
Telephone
Broward: (954)677-0155
Dade: (305)623-5959
Palm Beaches: (561)353-2522
Facsimile:(954)677-0773
Blog 
Ft. Lauderdale Auto Accident Attorney
- Auto Accidents - Leading Cause of Spinal Cord Injuries
- Florida Whiplash Injuries
- Teen Drivers May Have To Put Those Cell Phones Away
- Toyota Recalling Highlanders for Child Safety Reasons
- Sleep Apnea Testing for Truckers
- Study: Car Crash Pain Lasts Longer Than Expected
- State Farm Sued Over Sham Medical Exams
- Allstate in On-Going Florida Court Battle
- Federal Motor Carrier Safety Administration Upholds 11 Hour Driving Limits
Slip and Fall: Premises Liability
- Recognizing Signs of Lead Exposure
- Throwing Your Grad a Party? Read This First!
- Florida May Allow Cities to Ban Dog Breeds
Wrongful Death
Social Security Disability Insurance
General
- Personal Injury Settlements and Insurance Companies
- Judge Orders $600 Million Distributed to Smokers
- Miami Heart Surgeon Who Lied in Court to Surrender License
- Painkiller Patch Killing Patients
Firm Publications:
Ft. Lauderdale Auto Accident Attorney
- Whiplash Injuries Caused By Auto Accidents
- Bad Tires Can Cause Serious Auto Accidents
- Proposed Florida Cell Phone Ban for Teenagers
- Drowsy Driving: Deadly as a DUI
- Top 8 Ways to Avoid Car Crashes
- What to Do in a Florida Car Crash
- Child Safety Seat Information
- Auto Accidents from Driver Inattention: An Epidemic
- 2008 Vehicle Safety Ratings
- Florida's "No Fault" Auto Insurance Laws
- Saving Your Neck in a Rear-End Collision
- An Overview of Florida Seat Belt Laws
- Allstate Refusing to Pay $25,000 a Day Fine
- Car Safety Not A Priority for American Manufacturers
- The Real Kings of "Junk Lawsuits"
- Colossus Software: Lowball Settlements go High-Tech
Slip and Fall: Premises Liability
- Lead Exposure
- Florida Premises Liability Plaintiffs
- Summer Pool Safety Tips
- Florida Dog Bite Premises Liability Law
- Alcohol Liability in Florida
Wrongful Death
- Wrongful Death Lawsuits Involving Children
- Drunk Driving – A Common Factor in Florida Wrongful Death Cases
- Florida Wrongful Death
Social Security Disability Insurance
- How Your Disability Is Reviewed
- Benefits Under SSDI
- Qualifying for Social Security Disability Insurance
Workers' Compensation
- Steps in Florida's Workers' Compensation System
- What Benefits are Available to Injured Workers?
- Hurt on the job? Get ready for a fight.
General
Florida Premises Liability Plaintiffs
A person who slips and falls on someone else’s property, such as Florida shopping mall, can file a premises liability lawsuit, depending on the details of the accident. One key question in Florida slip and fall litigation is – who was the injured person at the time of the accident, an invitee, licensee or trespasser? The answer to this question is crucial to determining who is liable. Under Florida premises liability law, a plaintiff can be an invitee, licensee or trespasser. David M. Benefeld, P.A. is an experienced Florida slip and fall attorney who can help you determine what type of visitor you were when the accident occurred.
Invitee
An invitee is someone who enters the premises based on the belief that the owner’s property is open for use. Typically, the invitee is on the property for a commercial benefit to the possessor or owner of the premises. For example, an invitee may be a customer visiting a Florida retail store with the intent to make a purchase. The owner of the premises owes a duty of reasonable care to this individual. The property must be kept in a safe condition and invitees must be warned of dangers, such as a spill or broken merchandise.
Licensee
A licensee is a person who is on the property for any reason other than business or commercial purposes. Usually a licensee is a social guest. An unexpected visitor who is welcomed to the property is considered to be a licensee. The possessor of the premises can be held liable if that person receives an injury that could have been prevented. A licensee must be warned of any known dangers that could result in injury and the possessor or owner of the property has the duty to repair any unsafe conditions. A premises owner can be held liable for the licensee’s injuries if there appears to be a willful disregard for safety.
Trespasser
Trespassers are people who enter the property without being invited and without permission. A trespasser doesn’t have to be a thief; he or she can simply be a person who trespasses on the property because it is the shortest route available. A property owner cannot intentionally harm the trespasser. If the owner knows that someone is trespassing on the property and there is a dangerous condition that is not easily seen and could cause injury, then the trespasser must be warned. For the most part, the owners are only liable if they were aware of the trespasser’s presence.
If the trespasser is a child, there are different rules. The owner can be held liable if there is a known safety hazard and children regularly visit the property. Since children are not always good judges of danger, the owner has the duty to correct unsafe conditions. A potential hazard to a child could be an old refrigerator, appliance or ice box in which a child can get entrapped.
For advice regarding your Florida slip and fall lawsuit, contact David Benenfeld at (954) 677-0155.
Quick Contact
David M. Benenfeld, P.A.
7491 W. Oakland Park Blvd.
Suite 304
Lauderhill, FL 33319
Phone: (954) 677-0155
Fax: (954) 677-0773
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FAQs
Ft. Lauderdale Auto Accident Attorney
- Q: If I am injured in an automobile accident, how do I go about getting medical care with a medical provider?
- Q: What should I do when I am involved in an automobile accident?
Wrongful Death
Workers' Compensation
- Q: When I am injured on the job, am I entitled to receive Workers' Compensation benefits?
- Q: If I do get hurt on the job, what must I do to protect my rights under Workers' Compensation law?
- Q: What happens if my employer refuses to report my incident to the Workers' Compensation Insurance Company, or refuses to provide me with an authorized medical provider or refuses to pay me for the time that I missed from work due to the incident?