Premises liability is a legal term used in cases when a person has been injured because someone else’s property was in an unsafe and unsuitable condition. The kind of accidents which can occur on someone’s property caused by unsafe conditions can vary from anything from a slip and fall in a shopping mall to injuries at swimming pools.
Most personal injury cases are the result of negligence, and premises liability is no exception to this. In order for you to win a premises liability case, as the injured person, you would have to try and prove that the property owner was negligent and that their property lacked reasonable care and was in a dangerous condition. You could even highlight that the property had inadequate security if that played a factor in your personal injury. The Law Place personal injury lawyers can help you gather the evidence you need in order to prove the property owner’s negligence.
Just because you may have been injured on someone else’s property does not mean that the property owner is automatically classified as negligent. The dangerous condition of the property and its failure to ensure reasonable care does not always mean that the property owner was negligent. Premises liability claims have to show that the property owner was aware that their property was not reasonably safe and had the potential to cause an injury but chose to do nothing about it.
The legal team at The Law Place can help to investigate your accident and decipher whether the owner of the property where you suffered your injury was negligent or not. Call us today on 941-444-4444 to discuss your case.
What Injuries Are Classed as Premises Liability?
There are many types of personal injury cases than can be classified as premises liability cases, including:
- Slip and fall cases.
- Fires.
- Toxic fumes or chemicals.
- Elevator and escalator accidents.
- Dog bites.
- Snow and ice accidents.
- Improper maintenance of the premises.
- Amusement park accidents.
Premises liability cases can, therefore, cover a huge range of different incidents. If you have been or know an injured person who may be able to file a premises liability claim, call The Law Place today for a free consultation and a chance to talk to one of our legal accident attorneys.
What Is a Liability Attorney?
A liability attorney can help build your case in order to prove a party liable for your injury to achieve some justice in the form of compensation. We advise at The Law Place that if you are thinking of making a premises liability claim that you seek legal representation as these sorts of cases can be incredibly difficult to navigate. Therefore, in order for you to achieve the maximum amount of compensation possible, we advise that it may be best to have a legal premises liability lawyer at your side to help prove the negligence of the property owner at fault.
A further reason why it is important to hire a liability attorney with a wide range of legal experience is that often insurance companies and owners will fail to admit their responsibility and therefore offer you a settlement far less than what you deserve and are entitled to. With an accident lawyer at your side, insurance companies will know how serious you are about your claim. A liability lawyer at The Law Firm in Florida can do the following for you:
- Investigate Your Case – A lawyer will thoroughly investigate the incident in which you were injured. This may include obtaining copies of the reports, photographs, surveillance tapes, and much more. This investigation is a crucial step in proving a person’s or company’s negligence.
- Gather Evidence – A legal attorney will also interview witnesses and gather their statements as soon as they can after the accident has occurred to ensure the statements made are as credible as they can be.
- Negotiate Your Settlement – Having a lawyer behind you usually means that you’ll receive a more fair deal in the settlement than what you would receive if you were negotiating by yourself.
- File a Legal Lawsuit – In some instances, premises liability claims cannot be resolved in settlements. If this is the case with your claim, an attorney will file a lawsuit.
If you have any questions or queries, contact The Law Place today for a free consultation. We are available 24 hours a day, seven days a week.
We’re here to serve you. Our phones are open 24 hours a day. Can a Handyman Sue Me for Injury?
Sometimes even if the handyman you have working on your property is an employee at a contracting company and has a license to work, you may be held liable for their injuries if your negligence contributed to or caused their accident. The handyman could potentially decide to bring a claim against you as well as filing for workers’ compensation.
If you have homeowners insurance, they may pay for the Handyman’s damages if that worker can prove that your negligence resulted in them getting injured. Our legal team at The Law Place recommend that you do the following before allowing a Handyman onto your property to protect yourself from being sued for negligence if an accident is to occur:
- Fix any uneven sidewalks.
- Put your dogs and other pets away safely.
- Repair any broken staircase railings.
- Warning the Handyman about any risks you are aware of.
- Inspect your property for potential hazards.
- Repair visible defects.
If a Handyman is unable to prove that you, as the homeowner breached your duty of care to them, resulting in their injury, they will be unable to successfully sue you for their damages. If you have any further queries on the subject matter, don’t hesitate to contact one of the accident attorneys at The Law Place to seek some advice.
We’re Florida’s top litigation team with over 75 years of combined experience Is a Tenant an Invitee or Licensee?
As a property owner, you have a duty of care to ensure that your property is reasonably safe so that when people come onto your property, they don’t suffer an injury. This responsibility is known as premises liability. As a landlord, it is important to note that in most cases, the person occupying the property, the tenant, is treated in the same manner as the property owner. This can mean that if someone was injured on your property whilst a tenant was the main occupier, then they could be held liable. A tenant, therefore, cannot be classed as an invitee or licensee.
An invitee is a person who is invited to come onto someone else’s property. For example, this could be a customer in a store. Such an invitation like this implies that the owner of the property has taken the reasonable care necessary to ensure their premise is safe. Invitees are afforded the most protection as their presence is usually for the benefit of the owner of the property.
A licensee is a person who enters into a property for their own purpose or as a guest with the consent of the owner. An example would be a guest at a party.
From the initial call to updates on your case status, we are here to get you answers. What Is a Premises Liability Claim? FAQ
What is a premises liability claim?
A premises liability claim arises when an individual is injured due to unsafe conditions on someone else’s property. The injured party can file a premises liability lawsuit to seek compensation for their injuries and related expenses.
Who can file a premises liability claim?
Anyone who is injured on another person’s property or a business establishment due to hazardous conditions can file a premises liability claim. This includes guests, customers, or any person with implied permission to be on the property.
What are common types of premises liability cases?
Common types of premises liability cases include slip and fall accidents, attractive nuisance claims, and injuries caused by dangerous conditions such as uneven flooring, inadequate lighting, or faulty staircases.
How is negligence proven in a premises liability case?
Proving negligence in a premises liability case involves showing that the property owner had actual or constructive knowledge of the hazardous condition and failed to take reasonable steps to fix it or warn visitors. This can include evidence that the owner did not regularly inspect the property or ignored known dangers.
What responsibilities do property owners have?
Property owners have a responsibility to keep their property safe for visitors. This includes regularly inspecting for dangerous conditions, fixing hazards, and warning visitors of any risks. Failure to do so can lead to liability for any resulting injuries.
What should I do if I’m involved in a premises liability accident?
If you’re involved in a premises liability accident, seek immediate medical attention for your injuries, document the hazardous condition, and report the incident to the property owner or manager. Consulting with an experienced premises liability lawyer can help you understand your legal options and build a strong case.
How can a premises liability lawyer help me?
An experienced premises liability lawyer can assist by gathering evidence, proving negligence, and negotiating with insurance companies on your behalf. They can help ensure you receive fair compensation for medical bills, lost wages, and other damages.
hat is the comparative negligence rule in Florida premises liability cases?
Florida follows a modified comparative negligence rule with a 50% bar. This means that if the accident victim is found to be 50% or more at fault for their injuries, they cannot recover damages. If they are less than 50% at fault, their compensation is reduced by their percentage of fault.
What are some examples of hazardous conditions in premises liability cases?
Examples of hazardous conditions include wet floors, broken handrails, poor lighting, uneven surfaces, and other dangerous conditions that can cause accidents. Property owners are required to address these hazards to prevent injuries.
What is an attractive nuisance?
An attractive nuisance is a hazardous condition on a property that is likely to attract children, such as an unsecured swimming pool or abandoned equipment. Property owners must take extra precautions to prevent children from being harmed by these hazards.
What expenses can be recovered in a premises liability lawsuit?
In a premises liability lawsuit, accident victims can recover expenses such as medical bills, lost wages, pain and suffering, and other damages related to their injuries. The goal is to compensate the victim for the harm caused by the hazardous condition.
How important is regular inspection of a property?
Regularly inspecting a property is crucial for identifying and fixing hazardous conditions before they cause accidents. Property owners who fail to perform regular inspections can be held liable for any injuries that result from their negligence.
Can I file a premises liability claim for fall accidents?
Yes, fall accidents are one of the most common types of premises liability cases. If you slip and fall due to a hazardous condition on another party’s property, you can file a claim to seek compensation for your injuries.
What if the accident happened on a business establishment’s property?
If the accident occurred on a business establishment’s property, the business owner could be held liable if they failed to maintain a safe environment. This includes regularly inspecting the property, fixing hazards, and warning customers of any dangers.
What role does implied permission play in premises liability?
Implied permission refers to the assumption that a person has the right to be on another party’s property for their own purposes, such as a customer in a store. Property owners owe a duty of care to individuals with implied permission to ensure their safety.
How can a premises liability lawyer help prove negligence?
A premises liability lawyer can gather evidence such as maintenance records, witness statements, and surveillance footage to prove that the property owner had actual or constructive knowledge of the hazardous condition and failed to address it.
The Law Place
Contact The Law Place on 941-444-4444 to speak to one of our liability lawyers if you have suffered an injury related to premises liability. We can offer you a free consultation for your case and are available 24 hours a day, seven days a week.
