Injured on My Property
March 13, 2017
Has a worker been injured on your property? If so, you are probably thinking about your responsibilities as a property owner and the possible legal actions by the injured worker. All property owners owe visitors to their property a certain standard of care to ensure their safety and well-being while on the property. The attorneys at Oldham & Smith are experienced and knowledgeable about property owner duties and liabilities resulting from injury to workers on the property.
Parts of a Case
A case to recover damages by a worker injured on your property has four parts. The worker must prove:
Breach of duty;
If the injured party can prove these four elements, the property owner may be held liable for the injury and be subject to financial consequences. But what do these four elements really mean?
In Florida, property owners owe workers on their property a standard of ordinary care. Although this has been interpreted by the courts many times over, it can most easily be understood as not being negligent. Indeed, property owners have a duty to not be negligent towards workers on their property. This includes attempting to make the property safe, warning of any known hazards, and taking reasonable steps to eliminate dangers.
Breach of Duty
This simply means that the above-mentioned duty was not fulfilled. If the homeowner is negligent regarding the safety of the worker, then there has been a breach of duty.
This may be the easiest to prove of all of the elements. The worker must show that an actual injury has occurred. This may seem simple, but if the worker simply thought he might be injured or if there is potential for an injury, that is not enough. Additionally, an injury that cannot be proven really does not meet this requirement.
The injury must actually be caused by the negligent behavior of the property owner. This means that if the worker brings about their own injury or if the injury cannot be connected to negligent behavior by the homeowner, then the homeowner did not cause the injury.
If a worker has been injured on your property, you should be taking a few steps to mitigate your liability and try to prevent further harm.
Make attempts to prevent further injury – this could mean asking or helping the injured worker to leave your property, notifying other visitors of potential hazards, and also keeping yourself safe from injury.
Neither admit nor deny liability – you may be responsible, you may not be; either way, it is best not to share your opinions with the injured worker or with other people until you have contacted an attorney.
Contact An Orlando Attorney
If you have questions about your liability for injuries occurring on your property, contact the attorneys at Oldham & Smith to discuss your options. We are eager to help you with your case.