Premises Liability Attorney

Premises Liability Attorney

Florida Premises Liability Lawyer

Every day, countless individuals step into stores, restaurants, amusement parks, hospitals, and other public establishments. Unfortunately, each day also sees individuals harmed in these settings, perhaps by slipping on unclean floors, tripping over misplaced objects, or suffering from poorly maintained equipment or falling merchandise. These scenarios, commonly known as slip-and-fall or struck-by accidents, represent just a fraction of premises liability cases.

Property owners owe their guests more than just clean and maintained floors. They’re legally bound to ensure their premises are reasonably safe for visitors. This duty of care encompasses adequate security measures to prevent theft and assaults, sound construction of the premises, and the proper maintenance of fire alarms and sprinklers.

Any establishment that’s open to the public has an obligation to uphold safety and cleanliness standards. If they fail to meet these responsibilities and an injury occurs as a result, they can be held accountable for their negligence. The harm incurred by victims of unsafe premises can be significant, and so can the compensation they may be entitled to.

While no amount of money can truly compensate for severe, life-altering injuries, obtaining rightful compensation can help secure a stable financial future for victims and their families. If you have suffered an injury due to a property owner’s negligence, our Florida premises liability attorneys are ready to assist you. 

Each state, including Florida, has established legislation detailing the specific duty of care that property owners must uphold for those visiting their premises. These laws are designed to safeguard those who suffer harm due to the negligence of a property owner, allowing the injured party to seek compensation for various damages. This is encapsulated in the concept known as premises liability.

 

Personal Injury & Premises Liability in Florida 

Premises liability typically features in personal injury cases where an individual seeks compensation for injuries and losses triggered by a defect or hazardous condition present on someone else’s property. Similar to personal injury cases, establishing a premises liability case hinges on proving negligence.

Examples of Premises Liability Cases in Florida

Premises liability cases can arise from a wide array of situations, including:

 

  • Slippery surfaces such as in-store spills
  • Construction defects like exposed electrical wiring or holes in walkways
  • Poorly maintained stairways with broken steps
  • Unmarked broken handrails in dimly lit corridors
  • And many other scenarios

Typically, premises liability cases can involve:

  • Slip and fall accidents
  • Elevator/escalator mishaps
  • Swimming pool incidents
  • Accidents caused by faulty flooring, defective steps, loose handrails, and other maintenance issues
  • Negligent security

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Premises Liability Attorney

When you’re hurt in an accident of any kind it can upend your life and leave you struggling to know just what to do. But, the right attorney can help you by helping you file a premises liability lawsuit.

Premises Liability 101

Premises liability is a blanket term that covers a lot of different things. It includes virtually any type of injury that is sustained while on someone else’s property including:

  • Slips and falls
  • Falling items
  • Electrocution
  • Drowning
  • And more

Essentially, if you are on someone else’s property and are injured, you may have the grounds to seek compensation. But, first you’ll have to be able to show that your injuries were caused as a direct result of the actions of the other party and their negligence.

What Is Fault

Fault can mean a variety of different things when it comes to personal injury law. But, in terms of a premises liability case it can be even more complex. Essentially, you have to be able to show that the person who was responsible for overseeing or managing the property was aware of safety issues and chose not to alert the public or to correct them.

For example, if you slip on water from a leaky pipe, you must show that the property manager or owner knew about the leak and that they failed to put up a warning about it or fix it in a timely manner. If they weren’t aware of the leak, they can’t be held liable since they had no way to correct the issue.

If you can manage to show that the property owner was negligent, you’ll have the grounds to file for a personal injury lawsuit and get compensation.

A Complex Process 
However, it’s not that easy to prove fault when it comes to premises liability. In order to do so, an attorney will often use a huge range of different tools and resources including:

  • Witness statements
  • Past history of problems at the property
  • Security camera footage
  • Accident reports
  • Medical statements
  • And more

In short, you’ll need a professional on your side to make sure that you prove your case properly. Premises liability cases are the hardest to prove, but it’s not impossible with the right team on your side.

What Should You Do?

There are a few basic things to do when you’re hurt in a premises liability case. Each of them can help your attorney prove that you’re owed compensation. Here’s a look at the main things to do.

  • See a doctor. Always visit a medical professional to get help with your injuries and to make sure that you create a paper trail of your path after the accident.
  • Keep records. Make sure you note any hours missed from work due to your injuries, keep your medical bills, and more. This way you will be able to properly prove your case and get the restitution you’re owed.
  • Take photos. If you can, take photos of the accident area as soon as possible. This may help you show your lawyer exactly what happened when the accident occurred.
  • Don’t talk to anyone on the opposing side. Even though you’re not being arrested, everything you say can and will still be used against you. As such, you’ll want to avoid talking to representatives from the other side. Instruct them to talk to your attorney.
  • Get a lawyer. Above all else, be sure you get a good Florida personal injury attorney who handles premises liability. This way you’ll have a proven professional on your side, fighting to get you what you deserve.

A Powerful Ally

Having a lawyer matters in a big way. Insurance companies and legal teams for the other side simply don’t care about you or your bank account – they just want to protect their bottom line. Because of this, they’ll often try to stop you from getting what you’re owed by pushing you around in negotiations. But with an attorney on your side, you get their attention and their respect.

Your lawyer will help in many ways including:

  • Faster resolution
  • Fairer settlement offers
  • Less stress on your shoulders
  • You can focus on healing while we do the hard work
  • Much better outcome for your case

In short, your lawyer will have a huge impact on your future. They will use their connections and experience to get you the restitution you’re really owed and ensure that you can move on financially after an accident occurs. If you’ve been hurt in any kind of a premises liability case, getting restitution is a must. Our team can help, so be sure to contact us today to get your consultation.



Common Premises Liability Injuries in Florida  Common Premises Liability Injuries in Florida

The repercussions for guests and visitors can be severe when property owners neglect to establish and maintain safe premises. Some prevalent injuries observed in premises liability cases include:

  • Head and brain injuries
  • Back and neck injuries
  • Lacerations
  • Dog bites
  • Broken, fractured, or dislocated bones
  • Food poisoning

If you’ve been involved in a premises liability incident, seek medical attention even if you initially feel fine. Back and neck injuries may not manifest immediately following an accident, but can become significant over time. After securing medical help, engage an experienced premises liability attorney to assist with documenting your injuries, medical expenses, and case preparation.

 

What Needs to Be Proven to win a Premises Liability Case?

For a valid premises liability claim, it’s essential to demonstrate that the property owner (or tenant) bears responsibility for your injuries and damages. In essence, you must establish their negligence either through their actions or lack of action, resulting in harm. Moreover, you’ll need to prove that the property owner was aware of, or should reasonably have discovered, the defect or hazard leading to your injuries, yet failed to take adequate measures to address it or alert you to it.

 

Premises Liability Negligence in Florida 

To achieve a favorable outcome in a premises liability case, you’ll need to prove the owner’s negligence led to your injury, and without their negligence, the injury would not have occurred. Essential elements for establishing negligence in a premises liability case include:

 

  • A reasonable duty of care owed by the property owner, particularly in public spaces
  • A breach of this duty of care
  • A link between the property owner’s breach of duty and your injuries
  • Actual damages

 

However, in some cases, the plaintiff in a premises liability case may need to prove that the property owner was negligent, while in others, the owner can be held strictly liable regardless of negligence. The most common instances of this are dog bite cases, where a dog owner may be held strictly liable for any injuries their dog inflicts, regardless of preventative efforts.

 


What is premises liability negligence? What is premises liability negligence?

Understanding Premises Liability Negligence In Florida

Premises liability negligence is a legal term that refers to a property owner’s failure to uphold their duty of care owed to a visitor to their property.  This is a key aspect of personal injury law under which a property owner may be held liable for injuries that are sustained by a visitor to their property.

Under Florida law, property owners are held responsible for keeping their property safe for those who may come onto it, and they must take reasonable measures to make sure that their property is safe. If they fail to do this, they could be held responsible for any injuries that occur as a result.

 

Proving Duty of Care in Premises Liability In Florida

A crucial element in proving premises liability negligence is proving that the property owner owed a duty of care to the injured party.  Duty of care is a legal responsibility to ensure their property is safe for visitors.

The level of this duty depends on the status of the visitor.  Florida law recognizes three categories of visitors.

 

Invitees:  These are individuals who are invited onto the property for business purposes or public purposes, such as customers in a store.  The highest dury of care is owed to invitees.  Property owners must inspect their property regularly to ensure it is safe for invitees.

Licensees:  These are individuals who are allowed on the property with the owner’s permission.  Property owners must take reasonable measures to make sure their property is safe for licensees.

Trespassers:  These are individuals who are not invited onto the property.  The duty of care to trespassers is very low-property owners are not obligated to take reasonable measures to ensure that their property is safe for trespassers but they should not intentionally harm trespassers.


Demonstrating Negligence in Premises Liability Cases Demonstrating Negligence in Premises Liability Cases

To prove negligence in a premises liability case, an injured party must show that:

  • The property owner owed a duty of care to the injured person.
  • The property owner breached this duty by failing to maintain the property, repair dangerous conditions, or warn of known hazards.
  • The breach of duty directly resulted in the injury.
  • The injured party suffered damages as a result, such as medical bills, lost wages, or pain and suffering.

 

In Florida, premises liability negligence cases can be complex due to the state’s comparative fault system. This means that the court will consider the degree of fault of both the defendant and the plaintiff in causing the accident. If the injured party is found partially at fault, their awarded damages will be reduced by their percentage of fault.

What is the average premises liability settlement in Florida?

As Florida premises liability attorneys, we frequently encounter the question of what is the average premises liability settlement in Florida?  However, due to the complex nature of these cases and the numerous factors that can affect the settlement amount of a premises liability case, it is difficult to estimate a figure.

Premises liability cases can range from minor accidents such as a slip and fall, to more serious accidents that result in significant injuries or even death.  Because of this wide range of possible incidents, the settlement amount can vary significantly depending on the severity of the accident.  A minor injury might result in a settlement of a few thousand dollars, while a severe injury could result in a settlement of hundreds of thousands of dollars or more.

There are many factors that can affect the settlement amount in a premises liability case.  These factors include the severity of the accident, the degree of the property owner’s negligence, the victim’s age, occupation, and the impact of the injury on their future earning capacity, as well as the amount of medical expenses that have incurred.

It is also important to remember that many Florida premises liability cases are settled out of court.  The settlement amounts for these cases are usually confidential and are not always reported.  This further complicates the process of estimating a settlement amount for a particular case.

The best way to determine what your case is worth is to speak to one of our Florida premises liability lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh.  Our experienced attorneys have decades of knowledge dealing with premises liability cases.  They will be able to provide guidance based on their understanding of Florida law, their experience with similar cases, and their knowledge of how much similar cases have settled for.

 


What does premises liability cover in Florida? What does premises liability cover in Florida?

As Florida premises liability lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh, we know that premises liability law covers a wide variety of instances where an individual is injured on another person’s property.  This law is based on the premise that property owners are responsible for the safety of those who visit their property.

Here are the key area of premises liability in Florida:

Slip and Fall Accidents:  These are the most common type of premises liability cases.  They occur when a property owner fails to maintain their property and a visitor slips, trips, or falls due to a dangerous condition on the property, such as wet floors, loose carpets, uneven pavement, poor lighting, or unsecured cords or wires.

Negligent Security:  If the owner of the property fails to provide adequate security  measures and their is an injury as a result (such as in an assault or robbery) the property owner may be liable for negligence.  This often applies to hotels, malls, apartments, and other establishments where people gather and expect to be kept safe.

Swimming Pool Accidents:  Florida has specific laws regarding swimming pool safety.  If a pool owner fails to meet the state-mandated safety standards and someone is injured in a swimming pool accident, the pool owner may be liable for negligence.

Dog Bites:  Under Florida law, dog owners are strictly liable for injuries caused by their dog even if they were not aware of the dog’s viciousness.

Elevator and Escalator Accidents:  Florida law requires that elevators and escalators are maintained in good working order and that they are safe for use by the general public.  If the property owner fails to comply with these laws and someone is injured as a result (such as in an accident) the owner may be liable for negligence.

Fire and Smoke Injuries:  If a person is injured due to fire or smoke on a property that was caused by the owner’s negligence, they may be entitled to compensation.

Inadequate Maintenance:  If a property owner fails to adequately maintain a property and someone is injured as a result, the property owner may be held liable for the injuries.  This may include injuries caused by falling objects, faulty wiring, or a collapsing ceiling.

Toxic Exposure:  If someone is exposed to toxic substances on a property and they are injured as a result, the owner may be held liable for negligence.  This might include injuries caused by exposure to lead paint, asbestos, mold, or other harmful substances.

 


Is premises liability the same as negligence liability? Is premises liability the same as negligence liability?

While premises liability and negligence are similar concepts, in personal injury law they are not the same.  

Negligence is a broader concept that forms the basis of many types of personal injury cases.  It occurs when a person or business fails to act as a reasonable person would have in a similar situation.  If this negligence leads to injury,  the negligent party may be held liable for the damages.

Premises liability, on the other hand, is a specific type of negligence that applies to the owners or occupiers of a property.  It holds them responsible when they fail to keep the premises safe.  It’s based on the idea that property owners have a duty of care towards those who enter their property, and must take reasonable steps to ensure the property is free from dangerous conditions.

In order to have a successful liability claim, the injured must prove:

  • The defendant owned, leased, occupied or controlled the property
  • The defendant was negligent in the use or maintenance of the property
  • The plaintiff was harmed
  • The defendant’s negligence was a significant factor in causing the plaintiff’s harm.

What should you do if you are injured on another person’s property in Florida?  Can you sue? What should you do if you are injured on another person’s property in Florida? Can you sue?

As a premises liability attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, I can affirm that if you’ve been injured on someone else’s property, you indeed have the right to sue. You’re eligible to bring forward a premises liability lawsuit, which is essentially grounded on the principle of negligence.

Owners of properties are obligated to ensure the safety of their property for all visitors or guests. They’re responsible for warning about any existing dangers and cordoning off areas that pose risks. It’s important to note that premises liability cases can be influenced by specific state and local regulations. Therefore, seeking advice from a premises liability attorney is crucial to understand your legal options.

Under premises liability law, property owners are generally held accountable for incidents that transpire on their property. This encompasses a wide range of subcategories, from dog bites to slip-and-fall accidents. Essentially, any accident resulting in injury while you’re on another person’s property could give rise to a premises liability claim.

However, securing compensation isn’t always straightforward. Various legal complexities need to be navigated, and property owners might attempt to deflect responsibility onto you. Without a solid legal understanding and professional support, you may find the property owner prevailing in the dispute. Therefore, having experienced legal assistance is essential for a successful premises liability claim.

 


Why should I hire a Florida premises liability lawyer? Why should I hire a Florida premises liability lawyer?

As a Florida premises liability lawyer, there are several reasons why you should hire a lawyer if you are involved in a premises liability case:

Understanding of Florida Law:  Our premises liability laws here in Florida can be complex and intricate, with numerous factors that can affect the outcome of your case.  Our experienced lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh can navigate these complexities and help you to understand your rights and legal options.

Investigation and Evidence Collection:  Thorough investigation is crucial in a premises liability case.  Our lawyers will gather evidence, interview witnesses, and work with experts to establish the property owner’s negligence.

Assessing Damages:  It can be challenging to accurately calculate damages in a premises liability case.  Our lawyers here at Goldman, Babboni, Fernandez, Murphy & Walsh will determine the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to ensure you’re seeking the appropriate amount of compensation.

Negotiation with Insurance Companies:  Insurance companies often aim to minimize their payouts.  Our lawyers can negotiate with the insurance company on your behalf, using knowledge of the law and experience with similar cases to advocate for a fair settlement.

Legal Representation in Court:  If a fair settlement cannot be reached, your case may go to trial.  Having our lawyers represent you in court can improve your chances of success and help you win your case.

No Upfront Fees: Our premises liability lawyers work on a contingency fee basis. This means that we do not get paid unless we win your case. So, you can pursue a claim without worrying about attorney fees upfront.

Peace of Mind:  Dealing with a premises liability case can be stressful and time-consuming, especially when you are trying to recover from an injury.  Hiring a lawyer allows you to focus on your recovery while we handle all the legal aspects of your case.  


 Should I contact an insurance company after a Florida premises liability accident? Should I contact an insurance company after a Florida premises liability accident?

If you have been injured in a premises liability accident in Florida, it is essential to take the correct steps after an accident to ensure your safety.  While you may think it is important to contact the insurance company, the first thing you should do is to seek medical attention.

Seek medical Attention:  Your health is your first priority.  Even if you feel that your injuries are minor, it’s important to seek the assistance of a medical professional.  Some injuries may not be immediately apparent and will manifest symptoms later.  A prompt medical examination will document your injuries and provide a crucial link between the accident and your injuries.

Document The Incident:  If it is possible, take necessary photos and videos of the accident scene, particularly the hazard that caused the injury.  Also, gather necessary evidence like names and contact information of any witnesses. Their statements could be important in building your case.

Notify the Property Owner Or Manager:  Make sure that the property owner or manager knows about the accident.  If possible do this in writing and keep copies of your records and document your correspondences.

Contact A Personal Injury Lawyer:  Before speaking to an insurance company, it is recommended to consult with our personal injury attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh.  The insurance companies often try to minimize your payout, and anything you say to them could potentially be used against you.  Our lawyers will help protect your rights, guide you through the process, and negotiate on your behalf. Let our lawyers contact the insurance company for you.


Is there a time limit for filing a Florida premises liability claim? Is there a time limit for filing a Florida premises liability claim?

The deadline for filing a premises liability claim is generally two years.  The time limit is stated by the statute of limitations for the state of Florida, which regulates the deadline for you to file a personal injury lawsuit in court.  Missing the statute of limitations may cause your case to be dismissed.  If the court dismisses your case, you are no longer entitled to any monetary compensation for your injuries.  In most injury cases, the clock begins after the date the injury occurred.