Your “Status” on the Property in a Slip and Fall Accident

One of the first questions an Orange Park accident attorney will ask if you have been injured in a slip and fall accident is for what reason were you on the property at the time of the injury. Why you were there determines your legal status. It is important in a slip and fall accident because the legal obligation owed by a defendant to those on his or her property will vary depending on the individual’s status. What Was Your Status? Based on why you were there, your Orange Park accident attorney will determine your status to be: • A trespasser • A licensee • A social guest • An invitee • Hired to fix a hazard on the property • Part owner of the property The Defendant’s Obligation In general, the defendant’s obligation, legally his or her duty of care, is greater to someone invited on the property than it would be to a trespasser. However, there are exceptions. If you were injured as a worker hired to make a repair on the property, and were injured as a direct result of doing the work necessary for that repair, you may not have a claim against the defendant. The theory is that your injuries were inherent in the job. Another example is if the injured party is a part owner of the property. For instance, say as a homeowner in a condominium or townhouse development, you had a slip and fall accident on a common area sidewalk. Depending on the facts, special rules may apply in such a case. Understand Your Rights and Liabilities The issues in slip and fall accidents are not always clear. John Fagan, an Orange Park accident attorney, offers a free, initial consultation. Call Mr. Fagan’s office today for an appointment at (904) 215-5555.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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