A personal injury can happen at any time and to anyone, and the potential medical bills or lost wages you are left to handle can be expensive. A large amount of personal injury cases are a result of an occurrence on another person’s property, and whilst it is important that you should seek medical attention immediately, it is also recommended that you seek legal advice from an established, experienced premises liability lawyer in order to recover any compensation that you are entitled to.
One of the most common kinds of accidents to occur on a premises is a ‘slip-and-fall,’ with a study by Haruhito Matsunami showing that this kind of accident was responsible for the highest percentage of accidents in hotels by both staff and guests.
An individual’s protection against serious injury is the legal responsibility of the property or business owner at the premises at which it may occur, and therefore, Florida law states that monetary compensation for any injury should be paid by them.
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.
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.
For a free legal consultation, call 941-444-4444
What Kind of Injury Qualifies Me to Make a Premises Liability Claim?
Any kind of injury occurring on someone else’s property that significantly impedes your daily routine, causes physical damage to the point that medical care is required, or results in lost wages should be met with fair compensation to cover medical expenses and to recuperate monetary losses through inability to work.
Premises liability accidents can include:
- Any form of slip and fall accidents.
- Amusement park accidents.
- Swimming pool accidents.
- Escalator accidents.
- Accidents involving machinery.
Making a premises liability claim can sometimes seem daunting, and you may worry that it will be too complicated or costly. Our personal injury lawyers are specialists in liability claims and will put your mind at rest during your free consultation.
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.
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.
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What Kind of Compensation Might I Be Due?
Florida’s premises liability law protects against negligent property owners in the event of a ‘slip and fall’ or any other kind of accident that requires medical attention. Once you contact a personal injury lawyer at The Law Place, you can discuss the kind of compensation you will be seeking through your premises liability case and how best to successfully secure the compensation owed. Types of compensation could be awarded for the following:
- Medical expenses.
- Disability as a result of the accident.
- Loss of income.
- Other remunerations.
The hardship of suffering an injury can often cause distress to an individual, and this can also be factored into your liability claim, with many insurance companies paying out for emotional distress as well as physical pain and disability. Once it has been established who is liable for your injury, you can work together with our team to outline all of the areas in which the accident has impacted your day-to-day life and to what extent compensation can help recover those losses. After contacting The Law Place, your premises liability lawyer can guide you at every step of the way through your entire Florida premises liability claim and answer any legal questions you may have in strict confidence.
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.
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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.