Property negligence and unsafe premises pose a serious threat to citizens throughout the country. In Tampa, Florida, property owners have a duty of care towards not only their property but to renters and pedestrians as well. Negligence in this duty can have catastrophic results, ending in personal injury and emotional distress.
If you have been the victim of personal injury resulting from unsafe premises or property negligence, contact The Law Place today to speak with a qualified property negligence lawyer.
The Law Place has over 75 years of experience fighting corrupt landlords and companies whose criminal negligence has resulted in personal injury. Our law firm represents residential tenants, businesses, and pedestrians alike. Schedule a free consultation with a premises liability lawyer today to find out your options and claim the compensation you deserve.
Call us today at (941) 444-4444.
What Are the Tampa Premises Liability Laws?
In Tampa, properties are regulated by premises liability laws that hold the property owners accountable for the safe management of their spaces. Proper upkeep results in a safe environment in which renters, patrons, and pedestrians can use the premises without fear of personal injury or death. It is the responsibility of the property owner to exercise ordinary care for their property, which includes general upkeep of the space and the prevention of hazards that may make the property unsafe for its guests.
Tampa premises liability laws differ according to how an injury may have taken place. According to Florida Statute 768.0755, a property owner can be held liable in a slip and fall case if it is proven to have occurred after the establishment had “constructive knowledge” of the safety hazard. For example, if vegetable oil is spilled on the ground of a restaurant and the owner or manager is aware of it, the business must clean up the spill on time or risk liability if someone falls due to their inefficiency.
If a safety hazard is reoccurring, property management must take adequate steps to ensure it does not happen again. For example, if an apartment complex swimming pool constantly has a slippery edge, it is up to property management to ensure adequate signage is apparent to all swimmers. Otherwise, an injured person may sue the company for negligent security.
Having a premises liability lawyer on your side will greatly increase the chances for a fair and just settlement on your behalf. Contact us The Law Place for a free consultation today.
Who Can Be Affected by Property Negligence?
Anyone can be the victim of property negligence, but the duty of care afforded to individuals changes depending on the circumstances of the claim.
An initial step in a premises liability claim is determining the nature of the individual affected by the negligence. Tampa, FL, law sets out three categories that a party will fall under and what duty of care must be provided for them.
- Invitee – An individual invited onto the property.
- Licensee – An individual or entity licensing the premises for their use.
- Trespasser – An individual or group that has entered onto the premises without permission.
A property owner has a different duty of care towards someone invited onto their premises and someone who has trespassed. For example, a worker invited into an office space for consultation trips over some exposed piping. That individual has the right to sue based on unsafe conditions that could have been avoided with proper safety management of the space.
What Are Common Causes of a Property Negligence Claim?
Many property negligence claims stem from a few common events that result in injuries or property damage. These include:
- Slip and fall accidents
- Trip and fall accidents
- Fire damage
- Wind damage
- Roof collapse
- Electrical damage
There are many other ways that someone can be injured due to negligence on private property, and the law can be very specific. For instance, Florida Statute 767.04 states that dog owners have a responsibility to display appropriate signage if there is any chance their dog may pose a danger or cause injury. In general, property owners have a responsibility to repair and maintain any potential hazards, as well as follow legal building codes that ensure safe construction and use of the property.
Who Is Liable for Property Negligence?
Typically, the property owner is liable for any preventable injury that may occur on their premises. Florida law requires property owners to maintain adequate insurance coverage. An insurance and/or a premises liability lawyer will step in to evaluate potential damages after a claim is made against the property.
It is important to enlist the aid of a Tampa premises liability lawyer quickly after an incident has occurred. You should ensure that valuable evidence is not swept under the rug or destroyed before you can use it to bolster your liability case.
What Sort of Damages Are Available in Tampa Property Negligence Claims?
Damages will always fall under two categories.
- Economic damages – Medical bills, loss of income, property damage, etc.
- Non-economic damages – Physical or mental anguish, loss of enjoyment, loss of mobility or function, etc.
Determining your type of liability claim will depend on the nature of your injuries and the calculable suffering you may have endured after the incident.
How Is Pain and Suffering Calculated After a Tampa, FL, Property Negligence Claim?
In Florida, calculating pain and suffering after an injury that resulted from inadequate property maintenance can be a complex task almost exclusively suited to the professional skills of a lawyer. General damages are tough to quantify, let alone qualify, in the eyes of the court. Your attorney must argue that something like depression or anxiety deserves a measured amount of compensation.
To do so, many attorneys will rely on the “multiplier method” or the “per diem” approach.
This method utilizes a scale to multiply your claim on the basis of your injuries and any anguish you may have endured. Usually, your lawyer will use a scale of one to five.
For example, if the initial cost of your injuries was $15,000, you would multiply that figure by the number of hardships you experienced after the fact. If you had to leave work, undergo surgery, you lost your ability to walk, and you lost your enjoyment for life, your multiple would be four. Your lawyer would argue that you are entitled to $60,000.
Per Diem Method
This method calculates your claim based on your real financial losses per day. Your attorney would attach a dollar value to each day of hardship you experience after your injuries. For example, if you lose $300 per day in wages and your suffering equates to $60, your daily value is $360. If you couldn’t work for 180 days, your total claim would be $64,800.
Each method has its strengths and weaknesses. There are other ways to calculate your claim, but these two are the most commonly used. You should consult with your attorney to find which method best suits the needs of your claim.
Consult Our Tampa Property Negligence Law Firm Today
Are you the personal injury victim of unsafe Tampa premises? Are you unsure of where liability lies?
Contact Tampa, Florida premises liability law firm The Law Place today. We offer a free consultation to go over your options and determine your best course of action. Insurance companies aren’t on your side, but we are. Our law firm provides exceptional legal aid in your time of injury and recovery. It is important to act quickly in any premises liability case.
Our lines are open 24 hours a day, 7 days per week.
Schedule your free consultation with a qualified lawyer today.
Call us now at (941) 444-4444.