It is a sad truth that accidents happen all the time, regardless of how careful we are. In many accident cases, no one is to blame. In others, however, injuries can be caused by hazardous conditions on another person’s public or private property. This can happen, for example, if you slip and fall in a restaurant or are injured by broken flooring at a neighbor’s house.
When a property owner fails to warn visitors of potentially hazardous conditions, then this person can be held liable if a person is injured as a result.
If you or a loved one has been injured as a result of hazardous conditions on someone else’s property, then you could be owed compensation for your pain and suffering. The best thing to do in this situation is to seek legal advice from a reputable law firm. Here at The Law Place, our team of personal injury lawyers has over 75 years of combined legal experience and plenty of hands-on experience with premises liability cases just like yours.
Call us today to arrange a free case evaluation with one of our premises liability attorneys and receive free no-obligation legal advice regarding your case and an estimation of how much you could be owed in compensation if your case was successful.
Our phone lines are open 24 hours a day, 7 days a week. Call now for a free case consultation at (941) 444-4444.
What Is a Premises Liability Case?
Property owners in the State of Florida have a duty of care to visitors to their properties, regardless of whether this is their private property or they are commercial property owners. This means that they have the moral and legal responsibility to act “as a reasonably prudent person in their position would” in order to keep other people safe. Within the context of premises liability law, this means that a property owner has the responsibility to monitor and maintain the conditions of their property and ensure that any dangerous conditions are dealt with or that visitors are made aware of these potential hazards. If it is determined that they failed to do so and this directly resulted in injury to a visitor, then they could be held liable.
A person might choose to file a premises liability claim against the insurance of the property owner if they are injured while on another property by a hazard that they believe to be a dangerous condition. The most common type of premises liability case is a slip and fall accident, where a person falls and injures themselves because of a slippery surface, uneven or rotten floors, a trip hazard, and inadequate lighting or handrails.
In these cases, people often choose to hire a personal injury lawyer to help them navigate Florida’s premises liability laws, helping them to prove negligence and to deal with the relevant insurance companies.
For a premises liability case to be successful, you or your attorney must prove that:
- The accident victim was on the property legally.
- The victim was injured as a direct result of the dangerous conditions on the property.
- The property owner was aware of the dangerous condition or should have been aware of the foreseeable risk.
- The property owner failed to fix the hazardous condition or to warn the visitor about the hazardous condition.
What Is Considered a Hazardous Condition?
Private and commercial property owners in Florida are required by law to maintain reasonably safe buildings and to warn visitors of any potential hazards, known as hazardous conditions. If the property owner knew about a dangerous condition or should have known about it, and did nothing to mitigate the hazard, then they could be held responsible for any resulting injuries. The following are some of the most common examples of dangerous conditions that often lead to premises liability cases:
- Slippery surfaces – Slip and fall injuries can easily occur on wet, greasy, icy, or slippery surfaces such as floors or sidewalks.
- Loose carpet or floor or uneven sidewalks – These are another common cause of slip and fall accidents. Property owners have the responsibility of keeping their floors in a safe condition for visitors.
- Negligent security – Many buildings such as commercial buildings and apartment buildings have security alarms and security guards to ensure the safety of the building’s inhabitants. Part of the reason for this is that if someone breaks into a building because of inadequate security and injures or kills someone inside, then the building owner or manager could be held responsible for the damages.
- Falling objects – Unsafe stacking of merchandise in a shop, for example, could lead to a customer being injured by a falling object. This is also relevant on building sites, where falling debris could seriously injure an employee or passer-by.
- Swimming pools – Swimming pool accidents can range from drowning, being electrocuted, or being exposed to toxic chemicals. A pool owner is responsible for taking reasonable steps to protect the safety of visitors to their pool and surrounding areas.
- Balcony or stairway collapse – This is especially common in Florida, where the humid conditions cause wood to rot at a fast rate. Property owners should ensure that they regularly check and maintain such structures.
- Dangerous dogs – A property owner is also responsible for the actions of their pet. Florida Statute 767.04 states that owners of dangerous dogs can be held liable for dog attack injuries if the victim was on the property legally. The exception to this would be where the dog owner had clearly displayed a visual warning such as a ‘beware of the dog’ sign.
These are some of the most common examples of dangerous conditions that lead to premises liability accidents. However, there are many others. If you were in an accident on someone else’s property and aren’t sure if it was caused by a dangerous condition, then you should get in touch with us today. A passionate lawyer from our team would be happy to analyze the details of your case and help you to determine whether you have a viable premises liability case. Our law firm prides itself on transparency and mutual trust in every attorney-client relationship that we form. Contact us today for free, no-obligation legal advice.
We’re here to serve you. Our phones are open 24 hours a day. What Damages Can I Claim Following a Premises Liability Accident?
If you were hurt on someone’s commercial or private property, you might think that it isn’t worth trying to pursue a premises liability case if your injuries were not very severe or you are scared of going up against a large company. However, such accidents can have long-term impacts on you emotionally and economically, which you may not become fully aware of until after the accident. For this reason, it is worth speaking to a personal injury lawyer to determine whether you have a viable premises liability case and to help you calculate the total cost of these damages.
A premises liability lawyer can help you calculate damages such as:
- Lost wages and lost future earning capacity – If your injuries forced you to take time off work, or have impacted your ability to work in the future, then you could be owed compensation for these losses.
- Medical bills – Medical costs following an accident can be huge. A lawyer can help you to fight for your right to compensation for costs ranging from medication and doctor’s appointments to surgery and rehabilitation.
- Pain and suffering – A personal injury attorney can help to calculate damages that are less easy to quantify, such as depression, emotional distress, insomnia, and post-traumatic stress.
- Wrongful death – If a loved one passed away as a result of a premises liability accident, then under Florida Statute 768.21, you could be owed compensation for funeral and burial costs, as well as loss of family income.
A knowledgeable personal injury lawyer can help to calculate all of these costs and will fight tirelessly to fight for the compensation that you deserve.
We’re Florida’s top litigation team with over 75 years of combined experience Contact The Law Place Today!
Call The Law Place today to arrange a free case evaluation with a premises liability attorney. In this consultation, your assigned attorney will go through the details of your case with you and give specialized advice regarding the next steps you should take.
If you decide to continue working with us following this initial consultation, then you will be assigned a premises liability lawyer with relevant experience, who will guide you through the entire process and handle proceedings ranging from communication with insurance companies to representation in court if required.
Call us today to see how we can help. Our phone lines are always open. Call now at (941) 444-4444.
