A premises liability claim arises when someone suffers injuries on someone else’s property due to unsafe or hazardous conditions. Property owners in Florida have a legal duty to maintain reasonably safe premises and take appropriate steps to warn visitors of potential dangers. When they fail to do so, and an accident occurs – such as a slip and fall, negligent security, or an injury caused by poorly maintained sidewalks -they may be held liable for the victim’s injuries.
If you or a loved one has been injured due to unsafe property conditions, a skilled Brandon premises liability lawyer can help you seek fair compensation. At The Law Place, our experienced Brandon personal injury lawyers understand the complexities of premises liability cases and are dedicated to helping clients achieve justice and financial recovery.
Contact The Law Place today for a free consultation to discuss your case. Let us help you secure the compensation you deserve and take the first step toward rebuilding your life.
Basis for a Premises Liability Claim
Premises liability refers to a property owner’s legal responsibility to ensure that their property is safe for visitors. When property owners fail to address hazards or provide proper warnings, they can be held liable for injuries that occur as a result. These cases often arise in both public and private settings, such as stores, workplaces, rental properties, or public spaces.
The degree of care a property owner owes depends on the legal status of the person on the property. Florida law classifies visitors into three main categories:
- Invitees – People invited onto the property for the owner’s benefit, such as customers in a store. Owners owe invitees the highest duty of care, including regular inspections and timely repairs of hazards.
- Licensees – Social guests or others on the property for their own benefit. Owners must warn licensees of known hazards that may not be obvious.
- Trespassers – Individuals entering without permission. While property owners owe minimal duty of care to trespassers, they cannot willfully harm them and must address hazards that could foreseeably harm children (e.g., unfenced pools).
Common Hazards Leading to Premises Liability Claims
Injuries on someone else’s property are often caused by unsafe conditions, many of which could have been avoided with proper maintenance or safety measures.
- Falls – Falls are a leading cause of serious injuries in Florida. The Florida Department of Health reports that in 2012, the hospitalization rate for unintentional falls was 328.4 per 100,000 residents. Examples of negligence leading to falls include:
- Failing to clean wet or slippery floors or provide warning signs after mopping or spills.
- Ignoring poorly maintained sidewalks with cracks or uneven surfaces.
- Negligent Security – Failing to provide proper security measures, such as adequate lighting, functioning locks, or surveillance, can lead to assaults, thefts, or other crimes on the property. For example, a negligent security sexual assault case might involve a poorly lit parking lot or a building without functioning security cameras, creating an environment where an attack could occur due to the property owner’s failure to ensure reasonable safety.
- Structural Hazards – Hazards like broken stairs, damaged railings, or collapsing ceilings pose a significant risk to visitors and are often a result of property neglect.
Examples of Negligent Property Owners
Negligent property owners can be held accountable when their actions—or inactions—create unsafe conditions. Examples include:
- Failing to address known hazards like puddles or broken fixtures.
- Allowing clutter or debris to obstruct walkways.
- Ignoring complaints about unsafe conditions from tenants or patrons.
- Failing to maintain proper lighting in parking lots or stairwells.
Premises liability claims focus on proving that the property owner’s negligence directly caused the injury. If you’ve suffered injuries on someone else’s property, working with an experienced Brandon premises liability lawyer can make all the difference. Contact The Law Place today for a free consultation and take the first step toward securing fair compensation.
The Claims Process for Premises Liability Cases
If you’ve suffered injuries in a fall accident or another type of premises liability case, taking immediate and appropriate steps can significantly strengthen your claim and improve your chances of recovering fair compensation. Here’s an overview of the claims process:
1. Seek Medical Attention
- Your health is the top priority. Seek medical attention immediately after the accident, even if your injuries seem minor.
- Some injuries, like head injuries or internal damage, may not show symptoms right away. Prompt treatment ensures your injuries are properly diagnosed and documented.
- Retain all medical records and receipts, as these will be vital evidence when filing your claim.
2. Report the Accident
- Notify the property owner or manager as soon as the accident occurred.
- Request an official incident report, especially if the accident happens in a public or commercial setting. This creates a documented record of the event.
3. Document the Scene
Gathering evidence at the scene is critical to proving your case.
- Take Photos and Videos – Capture the hazard (e.g., wet or slippery floors, uneven sidewalks, or poor lighting) and your injuries.
- Collect Witness Information – Get the names and contact details of anyone who saw the incident. Their statements can help corroborate your claim.
- Retain Medical Records – Seek immediate medical treatment, even if injuries seem minor, and keep records of all medical expenses, diagnoses, and treatments. These documents will support your case and establish the severity of your injuries.
4. File a Personal Injury Claim
After gathering evidence, you can file a personal injury claim or premises liability claim with the responsible party’s insurance company. This claim should include:
- A detailed account of the incident.
- Evidence proving the negligent property owner’s liability.
- Documentation of your medical bills, lost wages, and other damages.
5. Work with a Brandon Premises Liability Lawyer
Navigating the legal process can be challenging, particularly when dealing with insurance companies and uncooperative property owners. A skilled Brandon premises liability lawyer can:
- Investigate your case and gather additional evidence.
- Handle communication and negotiations with the insurance company.
- File a personal injury lawsuit if the claim cannot be resolved through a fair settlement.
Damages You Can Claim in a Premises Liability Claim
If you’ve been injured in a premises liability accident, you may be entitled to a range of damages to compensate for your losses. These damages are designed to address both the financial and personal hardships caused by the accident. Here are the types of damages you can claim:
- Medical Expenses – Coverage for hospital bills, surgeries, medications, physical therapy, and any other necessary medical treatment related to your injury.
- Future Medical Costs – Compensation for ongoing treatments, rehabilitation, or assistive devices needed for long-term recovery.
- Lost Wages – Reimbursement for income lost during recovery if you were unable to work due to your injuries.
- Reduced Earning Capacity – If your injuries prevent you from returning to your previous job or reduce your ability to earn a living, you may recover damages for diminished earning potential.
- Property Damage – If personal belongings were damaged in the accident (e.g., glasses, phones), you could seek compensation to replace or repair them.
- Pain and Suffering – Pain and suffering damages in Florida are monetary compensation for the physical pain endured as a result of your injuries.
- Emotional Distress – Damages for psychological suffering, such as anxiety, depression, or PTSD, resulting from the accident.
- Loss of Enjoyment of Life – Compensation for the impact on your ability to engage in hobbies, social activities, or other aspects of your daily life.
- Disfigurement or Disability – If the accident caused permanent scarring, disfigurement, or disability, you could seek compensation for these long-term effects.
- Punitive Damages – In cases involving egregious negligence, such as negligent security or extreme hazards knowingly ignored by the property owner, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.
Every premises liability case is unique, and the value of your claim will depend on factors like the severity of your injuries, the evidence of negligence, and the extent of your financial losses.
If you’ve suffered injuries on someone else’s property, a knowledgeable Brandon premises liability lawyer can evaluate your case and ensure you pursue maximum compensation. Contact The Law Place today for a free case evaluation and let us help you on your path to recovery.
Why You Should Choose The Law Place
Choosing the right legal representation can make all the difference in your premises liability case. At The Law Place, we combine decades of experience, a compassionate approach, and a deep understanding of Florida law to help clients recover the compensation they deserve. Our dedicated team of Brandon premises liability lawyers is committed to ensuring that your rights are protected and that you receive justice and financial recovery.
- Comprehensive Legal Support – We handle every aspect of your case, from investigating the accident scene to negotiating with insurance companies and, if necessary, representing you in court.
- Proven Track Record – Our attorneys have successfully handled numerous premises liability claims, recovering substantial settlements and verdicts for clients.
- Personalized Attention – We understand that no two cases are the same, and we tailor our strategies to meet the unique needs of each client.
- Free Consultation and Contingency Fee Basis – At The Law Place, we believe that financial hardship should never prevent you from accessing quality legal representation. That’s why we work on a contingency fee basis—you pay nothing upfront, and we only get paid if we win your case.
Meet a Few of Our Exceptional Lawyers
- David Haenel – David brings years of experience in personal injury law, focusing on complex cases like slip and fall accidents and premises liability claims. Known for his meticulous approach and aggressive advocacy, David ensures that no detail is overlooked when building a strong case for his clients.
- Annemarie Rizzo – Annemarie’s extensive background in premises liability cases and her ability to uncover hidden negligence make her a valuable asset to injured clients. Her commitment to holding negligent property owners accountable has resulted in numerous successful outcomes for victims of fall accidents and other premises liability issues.
Together, our legal team provides the skill, experience, and dedication necessary to pursue maximum compensation for your medical expenses, lost wages, and other damages.
Why You Need to Act Property
- So You Don’t Run Out of Time – State law provides a two-year window from the date of the accident to file a premises liability claim. Missing this deadline, known as the statute of limitations, can prevent you from pursuing compensation, no matter how strong your case might be.
- Preserving Evidence – Essential evidence, such as photos of the accident scene, witness accounts, and video footage, can degrade or disappear over time. Acting quickly allows your legal team to collect and secure this evidence.
- Medical Treatment – Seeking immediate medical attention not only ensures your health is prioritized but also creates a documented timeline of your injuries. Delayed treatment may make it harder to prove the connection between the accident and your injuries.
- Time to Build Your Case – A Brandon premises liability lawyer needs adequate time to investigate the fall incident, gather evidence, and engage with the responsible party or their insurance company. Filing your claim early gives your attorney time to build a compelling case.
- Legal Consequences – Filing outside of the two-year statute of limitations almost always results in your case being dismissed. This means you forfeit your ability to recover compensation for medical bills, lost wages, and other damages.
Steps to Protect Your Claim
To ensure you meet the legal deadlines and preserve your right to compensation:
- Consult with a premises liability attorney as soon as possible.
- Keep all medical records, receipts, and evidence related to the accident.
- Report the accident promptly to the property owner or manager.
Don’t let a missed deadline jeopardize your case. Contact The Law Place today for a free consultation with an experienced Brandon premises liability lawyer who can guide you through the legal process and fight for the compensation you deserve. Acting quickly ensures your case gets the attention and preparation it needs for success.
Local Resources for Premises Liability Victims
- HCA Florida Brandon Hospital – A leading medical facility offering 24/7 emergency care and specialized treatment for serious injuries like broken bones or head trauma.
- AdventHealth Brandon ER– Provides comprehensive emergency services and access to advanced medical care for injury victims.
- Johns Hopkins All Children’s Outpatient Care, Brandon – Pediatric-focused care facility for children with injuries requiring specialized attention.
- Tampa General Hospital Rehabilitation Center – Offers rehabilitation services for individuals recovering from severe injuries sustained in slip and fall accidents or other incidents.
- Hillsborough County Courthouse– The primary venue for filing premises liability lawsuits and pursuing justice for injury claims.
- Florida Department of Health Falls Prevention Program – Provides resources and guidance on preventing fall accidents and managing injuries in Florida.
- NAMI Hillsborough– Offers mental health support services and group counseling for individuals coping with the emotional impact of injuries.
These resources can help victims navigate the recovery process and access the care and support they need after an accident. If you require further assistance, a Brandon premises liability lawyer can provide tailored legal support and guidance.
Brandon Premises liability cases FAQ
How much are most slip and fall settlements?
Settlement amounts vary widely depending on factors such as the severity of your injuries, mounting medical bills, and the impact on your ability to work. For minor injuries, settlements may range from a few thousand dollars. Cases involving serious injuries, like broken bones or permanent disability, can result in six-figure or higher payouts.
Can I still file a claim if I was partially at fault for the accident?
Yes. Florida follows a modified comparative negligence rule (2023 update), allowing you to file a personal injury claim if you are less than 50% at fault. However, your compensation will be reduced based on your share of fault. For example, if you were 20% at fault, your settlement would be reduced by that percentage.
How does Florida law handle negligent security claims?
Under Florida law, property owners are required to take reasonable steps to ensure visitor safety. In cases of negligent security, such as poor lighting, lack of security cameras, or malfunctioning locks, you may be able to file a personal injury lawsuit if these conditions contributed to crimes like assault or robbery.
What evidence is crucial in a premises liability case?
Key evidence includes:
- Photos or videos of the accident scene and the hazard (e.g., wet or slippery floors).
- Medical records documenting your injuries.
- Witness statements to corroborate your version of events.
- Maintenance logs or safety reports showing property negligence.
Are there exceptions to the statute of limitations?
While Florida’s statute of limitations for personal injury claims is typically two years, certain exceptions may apply:
- Delayed Discovery – If injuries become apparent later, the clock may start from the discovery date.
- Government Property – Claims involving public property often have shorter deadlines and additional filing requirements.
What if accidents happen at a friend’s home?
You may still file a claim against the homeowner’s insurance policy. Filing a claim doesn’t necessarily mean the property owner pays out of pocket – it’s typically handled by their insurer.
Speak to One of Our Brandon Personal Injury Attorneys Today
At The Law Place, our dedicated legal team understands the stress and financial strain that injuries can bring, from mounting medical bills to lost wages. Our compassionate attorneys will handle every aspect of your case, from gathering evidence to negotiating with insurance companies, so you can focus on recovering physically and emotionally. Let us fight for the justice and financial recovery you need to move forward with your life.
If you’ve been injured in a slip and fall accident or another premises liability case, don’t wait to act. Contact The Law Place today for a free consultation with an experienced personal injury lawyer. We’ll guide you through your personal injury case and help you recover the compensation you deserve.