In a Florida premises liability claim, you can recover compensation for a variety of damages. These include medical costs for treatment and rehabilitation, lost wages due to time off work, and future medical expenses. Additionally, you can claim non-economic damages such as pain and suffering, and emotional distress caused by the injury.
An experienced premises liability lawyer is essential for claiming the compensation you are entitled to because they have the experience to navigate the complexities of premises liability laws. They can effectively gather and present evidence, prove negligence on the part of the property owner, and negotiate with insurance companies to ensure a fair settlement. Additionally, a skilled attorney can help you understand your rights, assess the full extent of your damages, and provide the legal representation needed to secure the maximum compensation for your injuries.
Here at The Law Place, our team of highly experienced liability lawyers offers a free consultation available 24 hours a day, 7 days a week, in which we can discuss your personal injury case and give you friendly and honest advice on how to proceed with liability claims relating to your personal case.
Call our personal injury lawyers today, free on (941) 444-4444, for a no-obligation consultation.
What Damages Can I Receive for a Premises Liability Claim in Florida?
In a Florida premises liability claim, you can recover a range of damages that aim to compensate for both the economic and non-economic impacts of your injury. Here’s a detailed look at the types of damages you may be entitled to:
Medical Costs
Medical expenses are often the most substantial part of a premises liability claim. These costs can include:
- Emergency Room Visits – Initial treatment following the injury.
- Hospital Stays – Costs associated with extended care in a hospital setting.
- Surgery – Expenses for any necessary surgical procedures.
- Medications – Prescription drugs required for treatment and pain management.
- Physical Therapy – Rehabilitation services to help you regain mobility and function.
- Ongoing Medical Treatments – Any additional medical care required for recovery.
Lost Wages
If your injury has caused you to miss work, you can claim compensation for lost wages. This includes:
- Current Lost Income – Wages lost during the recovery period.
- Future Lost Earnings – Compensation for reduced earning capacity if the injury affects your ability to work in the future.
Future Medical Expenses
Injuries can sometimes require long-term medical care. Future medical expenses can cover:
- Long-Term Rehabilitation – Continued physical therapy or other rehabilitative treatments.
- Chronic Care – Ongoing treatment for chronic conditions resulting from the injury.
- Medical Equipment – Costs for necessary medical devices and aids.
Pain and Suffering
Pain and suffering damages are non-economic and compensate for the physical and emotional distress caused by the injury. This can include:
- Physical Pain – Compensation for the actual physical pain experienced from the injury and treatments.
- Emotional Distress – Compensation for anxiety, depression, and other emotional impacts.
- Loss of Enjoyment of Life – If the injury affects your ability to enjoy daily activities and hobbies.
Property Damage
If any of your personal property was damaged or destroyed due to the hazardous condition, you can claim compensation for repair or replacement costs.
Additional Non-Economic Damages
Other non-economic damages can include:
- Scarring and Disfigurement – Compensation for permanent scars or disfigurement resulting from the injury.
- Loss of Consortium – Compensation for the impact on your relationship with your spouse or family.
Why Is an Experienced Premises Liability Lawyer Essential?
An experienced premises liability lawyer is crucial in helping you navigate the legal complexities of your claim. They can gather and present evidence, negotiate with the insurance company, and ensure you receive the maximum compensation for your injuries. A skilled attorney understands how to demonstrate the property owner’s liability, document all your damages, and advocate on your behalf throughout the legal process.
If you or a loved one has been injured due to an unsafe condition on someone else’s property, contact a premises liability lawyer to discuss your case and explore your legal options. With their help, you can pursue the compensation you deserve and focus on your recovery.
Am I Eligible to Make a Premises Liability Claim?
Florida liability laws state that any accidents that occur on somebody else’s property are the responsibility of the property owner. Anybody who has incurred a serious injury has the right to claim fair compensation. The scope for making a successful insurance claim depends largely on the capacity in which the victim was attending the property.
The categories of claimants can be broken down as follows:
- Highest Standard of Care – Individuals on a premises for business purposes, for example, customers eating in a diner or visitors to a shopping mall.
- Second Standard of Care – Guests invited to a premises for social purposes, such as a party or holiday gathering. This can also include social visitors who may arrive uninvited.
- Lowest Standard of Care – Uninvited persons such as people who are at the premises illegally or trespassers. A legal definition of trespassing can be seen in Florida Statute 616.185
Any severe injury is likely to be the cause of some kind of dangerous condition, with ‘slip and fall’ accidents being amongst the highest reported in America. If you have suffered a slip and fall accident that has resulted in a severe injury, you should seek the help of a personal injury lawyer as quickly as possible to ensure that your premises liability case awards you the fair settlement that the property owner owes to you.
Provided it can be proven that the property manager or property owner knew of the hazard being present, a personal injury law representative from The Law Place can build a case to seek compensation, as the injury occurred as a result of the property owner’s negligence.
We’re here to serve you. Our phones are open 24 hours a day. Who Is Responsible for My Safety When I Visit Another Property?
According to Florida law, it is the responsibility of the property owner of any premises to ensure the safety of any guests or visitors, invited or otherwise, through the assessment of any unreasonable risk of harm or injury. They have a duty of care to attendees at the property and should be aware that as property or business owners, they will be held responsible for any personal injury that results from a lack of reasonable care on their behalf.
If it can be proven that a property owner knew about a potentially dangerous fault in health and safety procedures or any other dangerous condition which could have the potential to cause injury, then a representative from a law firm can help prove that liability lies with them.
It must also be proven that the property owner failed to rectify the situation before an injury occurred or failed to carry out their duty of care by not warning attendees to the property of the potentially dangerous condition. Florida premises liability law defines negligence here in the Florida Statutes 768.041-768.39
One final factor in premises liability cases that must be determined is whether the claimant can provide evidence that an injury actually occurred. This is why it is of utmost importance that any injury is reported to the police or recorded in an official logbook at the premises. Also, seeking immediate medical attention will provide the injured person with documented evidence of an injury occurring.
We’re Florida’s top litigation team with over 75 years of combined experience Where Do I Legally Stand if I Was Bitten by a Dog on Someone Else’s Premises?
It might be the case that the injury you sustain is not a ‘slip and fall’ accident or the fault of negligent maintenance of health and safety procedures. It may instead be at the hands of an animal bite. This kind of injury can be very distressing and often leaves the victim feeling frustrated, traumatized, and in doubt as to who would be liable for the injury in a legal capacity. When it comes to dog bites, the law that is applicable to the situation is no longer premises liability. Instead, the Animals Act 1971 should be consulted.
If the owner of the dog is aware that the animal has a tendency to display vicious behavior and that it was a potential threat, they can be held liable for any dog bites that occur, regardless of whether it is on their property or not. Should the dog be of a controlled or illegal species, then the liability will lay solely with the dog’s owner, regardless of any other factors involved in the situation.
There is one scenario, however, where the dog owner will not be held responsible, and that is if the person who has been bitten was committing a crime at the time. If a dog was kept specifically for protecting a premises and the people or property therein, then any bites incurred on the premises will not be seen as the legal responsibility of the property owner should the dog attack an intruder or somebody who is trespassing, for example. The law surrounding dog bites in Florida can be seen in Florida Statute 767
The law concerning animals can often seem very complicated and hard to navigate by yourself, and that is where seeking the help of a lawyer would be your best option. Our free consultation will help you analyze your situation, and our trained legal team will be able to guide you toward your next steps in an efficient and friendly manner.
From the initial call to updates on your case status, we are here to get you answers. Where Do I Stand If It Is My Child Who Was Injured?
In the case of a child being involved in an accident, it is always more of a concern. Children are less capable of assessing risk in certain situations and often sustain injuries from things such as swimming pool accidents or amusement park accidents due to a lack of reasonable care by the proprietors. We understand the sensitivity of cases involving injuries to children and the importance of a child’s health to their parents or guardians. We take our role in recovering compensation from the property owners who are responsible for the accident very seriously.
As part of Florida premises liability law proceedings, it is the job of a personal injury attorney to prove a property owner’s negligence was in the form of not accounting for the probability of children being more prone to accidents and less able to judge potential risk factors due to their age.
Injuries to children can be just as emotionally stressful as those to adults, if not more. Compensation can help with medical bills and any therapy that may be required as a result of the accident.
Our personal injury lawyers here at The Law Place have experience working with a wide variety of liability cases, including those that involve minors, and will seek to prove the liability of the property owner where short-fallings are made in safeguarding children at their establishment.
If your child has suffered an injury that was the fault of negligence on behalf of the owner of a premises, call our award-winning law firm today for your free consultation.
What If the Injured Person Was Trespassing On the Premises?
Whilst somebody who is present on another person’s property might not have been invited, not be welcome at all, or have been explicitly told that they have no permission to be there in the first place, it is still the responsibility of the property owner to ensure their safety when at their premises.
This might sound unfair initially, as it could potentially be putting the wellbeing of a criminal with intent to commit a crime in the hands of innocent property owners. However, Florida law states that the property owners have a duty of care to inform anyone, regardless of who they are, of any potentially dangerous/deadly equipment or situation that may be present on their property.
There are laws that govern the act of trespassing when the intent is criminal, such as burglary or if the person trespassing is armed, which can be seen in the Florida Statute 810.08
So if you have been injured whilst on a property that you were not meant to be at, regardless of any other factors that may be present, you can call our team of Florida premises liability lawyers today in total confidence for a free consultation. We are here to help get you the compensation you legally deserve and will work with you to build a premises liability lawsuit that will see you get what you are owed.
What Damages Can I Receive for a Premises Liability Claim in Florida? FAQ
What are premises liability claims?
Premises liability claims arise when an injury victim is harmed due to an unsafe condition on someone else’s property. These claims are based on premises liability laws, which hold property owners responsible for maintaining a safe environment and taking reasonable steps to prevent injuries.
What types of damages can I recover in a premises liability claim?
In premises liability claims, injury victims can recover compensation for both economic and non-economic damages. These may include:
- Medical Costs – Expenses related to emergency care, hospital stays, surgeries, medications, and ongoing medical treatments.
- Lost Wages – Compensation for income lost due to time off work while recovering from the injury.
- Future Medical Expenses – Anticipated costs for long-term medical care and rehabilitation.
- Pain and Suffering – Damages for physical pain and emotional distress resulting from the injury.
- Property Damage – Compensation for personal property that was damaged or destroyed in the incident.
How do I prove negligence in a premises liability case?
Proving negligence in Florida premises liability cases involves demonstrating that the property owner failed to meet their legal duty of care. This requires showing:
- Hazardous Condition – There was an unsafe condition on the property.
- Knowledge – The property owner knew or should have known about the hazardous condition.
- Failure to Act – The property owner failed to take reasonable steps to fix the unsafe condition or warn licensees and invitees about it.
- Injury – The hazardous condition directly caused the injury to the injured party.
What are some common examples of premises liability injuries?
Common premises liability injuries include slips and falls, injuries from falling objects, drowning in swimming pools, and accidents involving attractive nuisances like playground equipment. Injuries can also occur due to inadequate security, poor maintenance, or exposure to toxic substances.
What legal duty do property owners owe to visitors?
Property owners owe different levels of duty to different types of visitors:
- Invitees – Individuals who enter the property for the owner’s purposes (e.g., customers in a store). Property owners must take reasonable steps to ensure their safety and warn them of known hazards.
- Licensees – Individuals who enter the property for their own purposes (e.g., social guests). Property owners must warn them of known dangers that are not obvious.
- Trespassers – Individuals who enter the property without permission. Property owners generally do not owe a duty of care except to avoid intentional harm and, in some cases, to warn of known hazards.
What if my injury was caused by an attractive nuisance?
Injuries involving attractive nuisances, such as swimming pools or playgrounds, can also be subject to premises liability claims. Property owners must take reasonable steps to secure these hazards, especially if children are likely to be attracted to them. Failure to do so can be considered negligent.
How important are medical records in a premises liability claim?
Medical records are crucial in premises liability injury claims as they provide documented evidence of the injuries sustained and the treatments required. They help establish the link between the hazardous condition and the injury, which is essential for proving negligence and recovering compensation.
Can I still recover compensation if the insurance company denies my claim?
If the insurance company denies your claim, it is essential to consult with an experienced premises liability attorney. An attorney can help gather
Call The Law Place Today
If you have been in an accident, be it a ‘slip and fall’ or something more sinister, your instinct will rightly be to seek medical attention immediately. Your personal wellbeing takes president over any legal issues in the very early stages of any liability cases. It is often not until sometime after an accident that other less obvious impacts can become apparent, and it is at that point that The Law Place can step in to help by ensuring that any expenses and compensation you require during your recovery will be awarded to you.
Here at The Law Place, we firmly believe that a person’s financial status should never stand in the way of justice and compensation for an injury that was the fault of someone else. That is why there is no fee attached to your initial consultation. Just pick up the phone and be put in touch with one of our lawyers who can analyze your case and advise you on the next steps in seeking the compensation that you deserve. Contact your personal injury attorney today at The Law Place on (941) 444-4444. Our lines are open 24 hours a day, 7 days a week.
