Clearwater is famous for its beautiful beaches, but it is also home to great restaurants, theatres, and shopping centers. Property owners in Clearwater are responsible for the safety of people visiting their premises. However, it is common for hazards to go noticed or even to be ignored in order to try and cut costs.
Premises liability is a legal concept that is used when someone suffers an injury because of an unsafe condition on someone’s property.
However, often when you are injured on someone’s property in Clearwater, you may not be compensated quickly. For a premises liability lawsuit to be successful, it must be proven that someone was negligent and that their negligence caused your injury. The best chance you have of proving this is hiring a knowledgeable liability lawyer with experience in the intricacies of Florida law.
At The Law Place, we are prepared to fight for your right to compensation. We have a long history of dealing with premises liability cases in Florida, with our collective experience spanning over 75 years. Our law firm will be by your side every step of the way, so you have time to focus on your recovery. Contact us now on (941) 444-4444 for a free consultation.
Types of Premises Liability Cases in Clearwater, FL
A lot of personal injury claims in Florida involved premises liability. Property owners are legally required to keep their premises safe for people of all abilities. When they behave negligently, it can have serious consequences for people and their loved ones.
Some common examples of Clearwater premises liability include:
- Slip, and fall cases.
- Swimming pool accidents.
- Inadequate maintenance of the premises.
- Amusement park accidents.
- Elevator and escalator accidents.
- Toxic fumes or chemicals.
- Defective conditions.
- Water leaks or flooding.
- Inadequate building security.
- Dog bites, under Florida Statute 767.04, dog owners have a responsibility to display signs on their property if they have a dog that could pose a danger.
Conditions for a Premises Liability Claim in Clearwater, FL
In order to successfully claim compensation in a premises liability case in Clearwater, FL, a good lawyer will look to prove that:
- The property owners’ actions or failure to act caused the danger.
- The property owner was aware that the hazard existed, or had sufficient time to detect it but failed to put the right measures in place or take rational steps to either remove the hazard or warn people about it.
Premises Liability Negligence Clearwater, FL
In order for a Clearwater premises liability case to be successful, your lawyer will look to prove that your injures were a direct result of the negligence of the owner.
To do this, your personal injury lawyer will need to evidence that:
- A duty of care was owed to you by the property owner.
- Their duty of care was breached.
- The breach caused your injuries.
- Your injuries led to damages such as lost wages, medical bills, and pain and suffering.
However, there are exceptions. If the property owner has a strict liability, then negligence does not need to be proven. Strict liability is a standard of liability where a person is legally responsible for an event, even in the absence of fault or criminal intent. For example, if you are bitten by a dog, then the owner could be strictly liable. Dog owners are required to take measures to protect people from their animals.
What Is Duty of Care in Clearwater, FL?
Duty of care is a legal term for when someone is legally obligated to take reasonable measures to keep people safe. People who own property, including businesses and homeowners, have a duty to keep their properties safe and free of hazards, which could harm visitors.
According to Florida law, people who enter a property in Clearwater, fall into three categories:
- Trespassers – If someone enters a property illegally, then they are classified as a trespasser. Property owners do not have a duty of care against trespassers and cannot be held liable for any injuries they sustain.
- Licensees –Licensees are individuals that enter a property for their own reasons, such as a houseguest who has the owner’s consent, or someone is entering an open shop. If the property owner is aware of a hazard, or has time to have made themselves aware, but fails to take steps to remove it or warn visitors, they can be held liable for injuries.
- Invitees – An invitee is a person who has been invited into a property in order to do business, coming in to do maintenance or entering a restaurant to eat. The owner has a duty to keep their property safe for invitees and take measures to prevent potential injuries.
What Can I Receive in Compensation for a Claim in Clearwater, FL?
In order to make a successful premises liability claim, you should contact a personal injury attorney. When you receive representation from The Law Place, you will secure help from a law firm that is dedicated to getting you the compensation you deserve. We understand what a big decision this is, which is why we offer a free consultation, where you can get all of the information you need.
The types of damages a reputable law firm will help you to obtain are.
- The cost of past and future medical care.
- Lost wages and lost earning potential.
- Compensation for damage to property.
- Pain and suffering, including emotional stress and any loss of enjoyment, such as if you are unable to participate in your usual activities because of your injuries.
Negligent Security Claims in Clearwater, FL
Property owners could have a duty to provide sufficient security to prevent intentional criminal acts such as assault or rape, so long as the act was reasonably foreseeable. Reasonably foreseeable means that the act could have been expected under the circumstances. For example, the property could have a recent history of criminal acts.
If a property owner has failed to provide sufficient security where they should have, and it has resulted in injury, then this could be grounds for a premises liability lawsuit in Clearwater, FL.
If your premises liability claim falls into this category, then your attorney will look at the history of the venue to determine whether the danger was foreseeable. They will also review what security measures were in place and whether they were sufficient. Examples include a lack of security staff, secure locks and alarms, security cameras, and fencing.
Why You Need Help From a Premises Liability Lawyer
If you have sustained an injury on someone else’s property in Clearwater, then you should contact a personal injury lawyer as soon as you are able to. The quicker, the better, as your premises liability attorney will be able to preserve evidence and speak to witnesses while their memories are fresh. By doing this, you are helping to secure your rights to compensation.
Furthermore, an premises liability attorney will evaluate your case and determine its worth. They will also identify the types of compensation you are entitled to.
Businesses will likely have legal teams on their side, eager to devalue your claim or have it dismissed. By putting faith in a premises liability attorney at The Law Place, you will be helping to level the playing field.
Get a Free Consultation at The Law Place
Without a premises liability attorney working with you, you could walk away with less than what you deserve. At The Law Place, we have over 75 years of combined experience in Florida law, and we will fight for the best possible outcome. Our practice areas cover Clearwater, Tampa, Sarasota, and across Florida.
We understand how suffering an injury can be detrimental to your life, which is why we are prepared to commit to the time and dedication your premises liability case deserves so that you can focus on getting better. Call us now for a free consultation on (941) 444-4444.