What is Premises Liability?
Premises liability in Florida refers to the legal responsibility of property owners or occupiers for injuries and accidents on their premises. The concept is based on the idea that property owners must maintain their premises reasonably safe for visitors and guests.
Premises liability is a specific type of personal injury law that allows an injured person to hold a property owner responsible for injuries caused by a dangerous or defective property condition.
What Should I Do if I've Been Injured on Someone Else's Property?
After your injury, it’s essential to take steps to protect your legal rights and your health.
- Seek medical attention immediately to document your injury and ensure your long-term recovery is not impacted.
- When possible, take pictures of the scene of your accident to document conditions like inadequate lighting, crumbling concrete, or a spill.
- Get contact information from witnesses who can testify about your fall conditions. It would be best to inform the property owner of your accident.
Are All Premises Accidents Subject to Premises Liability?
No. Experiencing an accident on a business or personal premises owned by another person does not necessarily mean that premises liability applies. For example, if employees mop the restaurant’s floors and adequately put up a wet floor sign, they protect themselves from premises liability. If a person deliberately ignores the wet floor sign and falls, they may not have grounds for a successful lawsuit.
Critical elements of premises liability in Florida include:
Duty of Care: Property owners owe a duty of care to individuals who enter their property. The duty level depends on the visitor's legal status, such as an invitee, licensee, or trespasser.
Invitee: Someone invited onto the property for the owner's benefit (e.g., customers in a store).
Licensee: Someone who can enter the property for their purposes (e.g., social guests).
Trespasser: Someone who enters the property without permission.
Negligence: To establish a premises liability claim, the injured party must show that the property owner was negligent in maintaining the premises. Neglect may involve failure to address known hazards, failure to warn about potential dangers, or failure to take reasonable steps to ensure the safety of visitors.
Causation: The dangerous condition on the property must directly cause the injuries suffered by the plaintiff.
Common Florida Premises Liability Cases
Slip and Fall Accidents
Slippery floors, uneven surfaces, and inadequate warnings can lead to devastating slip-and-fall accidents. Our lawyers investigate the conditions that caused your fall and work to prove negligence.
Dog Bites
You can file a claim when a dog attacks you on another party’s property. You are not even required to show that the dog was aggressive or that the owner acted recklessly or recklessly.
Inadequate Security
Property owners must provide adequate security to protect visitors from foreseeable harm, such as assaults, robberies, or other criminal activities. We assess the security measures and determine if negligence affected your injury.
Dangerous Property Conditions
From poorly maintained structures to hazardous conditions, our lawyers scrutinize the state of the property where your injury occurred.
Faulty Stairs and Railings
All properties should have secure and robust stairs and railings support. When these structures lose their structural integrity, they increase the risk of fall accidents, which could lead to injuries like broken bones, traumatic brain injury, paralysis, and more.
Escalator and Elevator Accidents
These accidents often occur due to improper installation and poor maintenance. People sustain injuries when the elevators move too fast to stop or halt suddenly or when unsafe parts exist between the steps.
Why Choose Williams Law, P.a. Premises Liability Lawyers?
Our legal team has over 28 years of experience in insurance litigation and premises liability cases in Florida. We understand the nuances of state laws and use this knowledge to build solid points for our clients.
Here's an Overview of What Our Premises Liability Lawyers Do:
Proving Liability
Our experienced Premises Liability lawyers specialize in establishing liability for property owners. We meticulously investigate the circumstances surrounding your injury to determine if the property owner or occupier failed to fulfill their duty of care.
Negotiating with Insurance Companies
After an accident, dealing with insurance companies can be complex. Our lawyers have a proven track record of negotiating with insurers to ensure fair compensation for medical expenses, lost wages, and pain and suffering.
Proving a Premises Liability Claim
Premises liability claims are based on negligence. To successfully pursue a claim in Florida, the injured party and their premises liability lawyer generally must prove the following:
Case Evaluation
We will review the details and assess the circumstances of the incident, including how the injury occurred, the nature of the dangerous condition, and the relationship between the injured party and the property owner.
Investigation
This involves collecting evidence to support the claim, such as photographs, witness statements, incident reports, and other relevant documentation.
Review property maintenance records: We may examine records to determine whether the property owner was aware of any hazards and whether they took reasonable steps to address them.
Litigation
- Many premises liability cases are resolved through negotiations with the property owner's insurance company. Our lawyers are skilled negotiators who can advocate on your behalf and seek fair compensation for your injuries and damages.
- Filing a Lawsuit: If a settlement cannot be reached, we will file a lawsuit on behalf of the injured party. This involves preparing legal documents, such as a complaint, and initiating the formal legal process.
Have you been injured on someone's property in Florida due to negligence? Williams Law, P.A. Is Here To Help.
If you or a loved one has been injured on someone's property, you should speak with an experienced premises liability lawyer as soon as possible. Please contact us online or call our Florida law office at 800.451.6786 to schedule your free consultation. We help Florida residents like you who have been injured in a motor vehicle accident, slip and fall, or other accident resulting in an injury. Remember, we work on a contingent basis, meaning you don't pay us anything until we win your case.
