Alligator attacks are often incredibly unpredictable and are typically considered rare, but what happens if there is an alligator attack on your property?
Today we will discuss why alligator attacks in Florida cause growing concern for everyone involved.
Who Is Liable?
Sometimes you will find that a property owner in Florida or even the victim can be legally liable for an alligator attack. However, in many circumstances, you will also find that property owners are not held liable for wild animal attacks. Each case is handled differently and is all circumstantial, which warrants exceptions.
Under Florida law, a property owner has two responsibilities to the invitee on their property. They have a duty to use reasonable care when it comes to maintaining the property and keeping it in a safe condition. They also have a duty to warn invitees about any latent or concealed dangers that the owner knows about.
Also, under Florida law, landowners do not have to anticipate the existence of wild animals. Alligators are native to Florida, so most property owners are not automatically held liable for them. However, if that same property owner had previous knowledge that there were alligators on their property and they failed to warn invitees, then they could be found negligent.
What Is Premises Liability?
Premises liability is simply defined as the legal principles that hold landowners and tenants responsible when someone enters their property and becomes injured due to dangerous conditions. The injured party could be entitled to compensation, depending on why they were on the property in the first place and who that person was.
Slip and fall injuries are considered the most common premises liability cases. Still, it has been argued that what happened at Disney with the alligator attack can also be considered a premises liability case.
There was no sign stating that people should not enter the water, and the family involved were invited by Disney to come onto the property where an alligator or other wildlife may be living.
Florida residents who have lived here long enough know to stay clear of lakes and other water bodies because alligators are always going to be a real possibility, and they can attack people out of the water.
However, it has been said that Disney was acting recklessly by allowing people to get near a lake with wild alligators with no signage warning them.
Lawsuit After Alligator Attack
If you have been injured by an alligator, you can file your claim in the appropriate court system. You must state the facts surrounding the alligator attack and prove that the other party acted negligently in a way that actually led to the attack. The damages from the attack should be reported, and you then request payment for your damages.
Once the lawsuit is filed, the paperwork is then served to the defendant, and you will have to wait for a reply. Since alligator attack cases can be complicated, it is important to work closely with your personal injury attorney as you build the evidence for your case. The attorney can also help with negotiations to help find a fair resolution to the claim..