Liability for Injuries in Your Home

Personal Injury Lawyer in Jacksonville If you had a social event in your home and a guest was injured, a personal injury lawyer in Jacksonville may be able to explain various laws that may be implicated by this series of events. One common course of action that injured guests take is to pursue a negligence action against the homeowner. Even if the injured victim was not at your home, you may still be liable for injuries that result and link back to your event.

Duty of Care

One of the most important aspects of the case that a personal injury attorney in Jacksonville will discuss with you is the duty of care that you owe guests. As a host, you have the legal duty to warn people on your property of any unknown dangers. However, you do not have the duty to warn adults of obvious dangers. If you have invited people into your home for your own financial gain, such as for a business meeting or party where you will sell goods, you will owe them an even higher degree of care. Similarly, if the injured victim is a minor, you will likely be found to have owed him or her a greater degree of care based on the child’s inability to notice certain dangers that may be evident to adults.

Dram Shop Law

Florida’s dram shop law permits plaintiffs to sue you if you served alcohol in your home and the guest left your home and injured another individual. However, a personal injury lawyer in Jacksonville can explain that such liability only arises if the guest was a minor or if you served alcohol to a person who you knew to be addicted to alcohol.

Insurance Considerations

Fortunately, you can shield the degree of liability that you may be exposed to by having homeowners insurance in place. Homeowners and renters can both secure insurance that will protect them in case a legal claim arises. Coverage typically includes accidental injuries that may occur, but these policies do not usually include coverage for a person’s intentional acts that lead to injury, such as fighting or breaking something on purpose. If you would like to learn about whether you may be exposed to liability due to an accident that occurred in your home or that stemmed from an accident by a guest who drank at your event, John Fagan may be able to help. Call 904-278-1000.

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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