Premises Liability Lawyers Serving Pompano Beach
Have you ventured out in public lately and experienced an injury? You could be entitled to seek compensation due to premises liability.
Public places, including friends and family members’ homes, have specific legal obligations to make the area safe and secure for their visitors. Anyone who is injured in a public space can file a lawsuit to help recover damages in medical expenses if the claim meets premises liability requirements.
Accidents happen daily everywhere, including in public places. Because of this, not every situation where a person is injured out in public qualifies for a lawsuit. The best way to understand if your recent experience fits premises liability and allows for compensation is to read our guide and hear how Frankl Kominsky Injury Lawyers can assist you.
Premises liability is a legal term used to describe an unsafe public location that results in the injury of one or more individuals. Premises liability is a section of personal injury, which means a person suffered harm or injury at the extent of someone else’s negligence.
These cases can be filed against anyone that owns public property, including large organizations and entities such as government properties, hospitals, large corporations, and more. Because of this, some premises liability claims tend to be complex since these facilities have rules and regulations to try and minimize claims that are filed against them. More often than not, they have their ways of reducing their liability in these scenarios.
Simply being injured on someone else’s property does not make you automatically eligible to file a premises liability claim. These cases have specific requirements to establish proof of negligence relating to your injury.Examples of Premises Liability Incidents
There are many examples of premises liability accidents that can occur daily. Several accidents and injuries can spontaneously happen depending on the location, outside or inside elements, structures, and other contributing factors. However, there are typical examples of premises liability incidents that can happen more frequently, such as slips and falls.
Common causes for accidents in premises liability cases include:
- Inclement weather accidents
- Bad maintenance or landscape
- Not enough staff
- Staff not trained properly
- No business security measures or faulty equipment
- Unsecure objects
- Water leaks or spills with no warning signs
- Defective signs, items, products, or conditions
- Amusement park accidents
- Animal accidents or attacks
It is up to the business owner, property manager, and employees to make sure every location is safe, clean, and secure for all guests and visitors. The business must also ensure all staff is trained for possible dangerous scenarios so fewer people are injured.
No public area in Pompano Beach, Florida, is immune from a potential premises liability claim. If you are ever at one of the following locations and are wrongfully injured, you could qualify for a premises liability claim:
- Houses owned by friends or family
- Retail stores
- Grocery stores
- Concert venues
- Hospitals or doctor’s offices
- Sporting events
- Government buildings and properties
- Parks and recreational facilities
- Apartment or townhome complexes
You may be injured somewhere else that is not mentioned on this list and still are eligible to seek compensation for your injuries. In this scenario, the best thing to do is to contact an attorney for the best advice for your next steps.Injuries Resulting from Premises Liability
Various injuries can occur on someone else’s property depending on the accident and the severity of what happened.
The best thing you can do for your claim when you are injured due to premises liability is to keep all medical records that correlate with your injuries to the fault of the public area’s owner. These records can be used later as proof in your case.
Here are some of the primary and broad injuries a person can experience (but are not limited to) from premises liability accidents:
- Broken bones
- Fractures or sprains
- Brain injuries
- Back injuries
- Neck injuries
- Wrongful Death
- Severe wounds
- Amputation or dismemberment
- Falling from extreme heights
Just like the injuries, there are endless ways for premises liability accidents to unfold. It can be from a maintenance issue such as faulty stairs to something criminal such as a shooting or robbery (in extreme cases).
Here are some possible reasons why accidents occur in public areas:
- Not enough staff or staff is not trained for certain situations
- Help or action is delayed or not taken at all
- A place may have dim lighting, broken stairs, or faulty equipment
- Poor maintenance inside and out
- Warning signs are not adequately posted
- Equipment or items may fall and hit someone
- Dangerous locations not sufficiently blocked off
- The public is not made aware of possible risks
Another possible reason for creating an unsafe environment is a lack of security. This can range from defective materials such as working cameras, guards, or security measures for certain events.
Regardless of if the accident occurred because of a lack of training, not being fully prepared, or not replacing known faulty items, the property owner is almost always found liable for these accidents if they result from one of the reasons mentioned above.Why Are Premises Liability Claims Complex?
The biggest reason premises liability claims are complex is because of the proof you have to provide. As we have previously mentioned, just because you are injured on someone else’s property does not automatically make you eligible for a claim. There has to be proof that your injuries were caused by the property owner and not a common accident.
For example, a person who falls off the side of a mountain on a hiking trail and breaks bones will not be eligible for a premises liability claim if visible warning signs were posted around the recreational facility, regardless of if the victim saw them beforehand or not. However, in the same scenario, it would be considered premises liability if only one warning sign was posted in the area and an overgrown landscape entirely covered it.
Along with proof that the property owner failed to create a safe environment, the other key aspect for premises liability cases is showing a correlation between your injuries and the location of the accident, which is why you should keep a detailed copy of your medical records. Your attorney can use this information and other evidence you may have to create an argument to help you seek a fair settlement.
The best evidence to support your injuries is photos or videos of the scene. If you are not too physically injured or have someone with you, remember to take photos immediately to keep as evidence of the scene.Do I Need a Premises Liability Lawyer?
Attorneys are legal professionals who not only work for you and your benefit but also have the expertise and background you can use for your case.
A premises liability attorney can be very impactful to your case in a positive way. Not only will they help you with the legal portion, but they will also review all evidence and try to collect more to help establish the proof you need that your accident was the fault of the poorly secured location. Additionally, they can help you seek compensation in other avenues if you don’t have a premises liability case to file.
Here are other ways your premises liability attorney can help you:
- File all claims for you (lawsuit and insurance)
- Track down witnesses and consult them for statements
- Give you legal advice
- Speak on your behalf to insurance or in court
- Negotiate for an adequate outcome
- Help you with an appeal, if needed
Don’t have a trusted attorney you can contact right away? No problem. We have the steps to help you find the best attorney possible in your area.
But, before you do that, know that Florida’s statute of limitations gives individuals two years from the date of the accident to file a claim. While this seems like a long time, it can be easy to get distracted by your injuries or put off finding an attorney for later.
For your best chances for your case to succeed, it needs to be one of the first things you do. Here’s how to do it.Research Firms in Your Area
Start by looking for firms in your area that practice premises liability on the internet. Browse through at least three or four firms and carefully read through their site and reviews from past clients to get a sense of how well their services are and what previous case outcomes have been.Schedule Consultations
You should take advantage of the free consultations nearly every firm offers so you can speak to an attorney one-on-one for free. This is your opportunity to get a better sense of the professionalism and communication of the firm, as well as know what you can expect working with the attorney.Gather the Right Information
When you go into your consultations, you should ask the same questions to each attorney so you can compare answers later. Ask them a mix of case-related and professional-related questions such as these:
- How many years have you been practicing premises liability?
- What similar cases have you worked on?
- What is your success rate?
- What resources do you use for cases?
- How will we communicate?
- How will you be compensated?
After you’ve consulted with all the firms, review your answers and choose the one that feels like the best fit. It’s essential to select the firm you feel the most confident in and one you believe will give your case the best outcome.How to File a Premises Liability Claim
There are steps you need to take on your own before you hire an attorney and steps you will take with your attorney once your claim is filed.
Here’s how to handle a premises liability claim and what to do right after your accident.Report the Accident, But Be Careful
You will need to report the accident immediately but be mindful of what you say. Depending on where you are, you will either report the accident to the manager or others higher up. Do not give any details about your injuries or how you feel, as they can use this information against you later. All you need to relay is how the accident happened and where it occurred on the property. If they try to ask you questions or receive more details, wait until you’ve talked with your attorney.Search for an Attorney
The next step is to search for your attorney if you do not already have one. Use the previous section for guidelines on how to find the right professional if you need this assistance for the first time.Have Your Attorney File an Insurance Claim
Your attorney will be able to help you with insurance to negotiate a settlement that will cover your medical bills associated with the accident. It is well-advised not to attempt this step alone, as anything you say can be misconstrued against you and potentially lower a settlement offer. Your attorney can take the lead and speak on your behalf to avoid this issue.If Eligible, File Your Lawsuit
If you still need more compensation, ask your attorney to review all evidence in your case to see if you qualify for a lawsuit. If you do, tell your attorney you’d like to file so you can discuss this in further detail.Start the “Discovery Period”
The next step is the discovery period, where you will work with your attorney after the papers have been served to the defendant. The discovery period is where your attorney will collect more evidence and strengthen your position for an adequate settlement.Try for a Settlement or Go to Trial
Your attorney will try to negotiate a settlement with a defendant on your behalf instead of going to court. This is usually where these types of cases end, but if no settlement can be agreed upon or the defendant does not cooperate, your case will go to trial for the court to decide what your case merits.Damages You Can Possibly Recover
Many people think medical bills are the only damages they can recover in these cases, but that’s not true. Other damages you may be eligible to recover can include:
- Past, current, and future medical bills
- Treatments and procedures
- Physical therapy or rehabilitation
- Funeral expenses
- Lost wages from time off work
- Disability and disability expenses
- Pain and suffering
- Mental and physical anguish
- Anxiety and depression
- Loss of enjoyment of life
- Life-altering consequences
Do you still have questions about your eligibility for a premises liability claim? Let Frankl Kominsky Injury Lawyers answer your questions. Our firm has over four decades of experience handling these claims and has extensive knowledge of the state’s laws regarding premises liability.
Unlike insurance companies, you can trust that your attorney will be on your side to help you seek the compensation that you deserve.
Getting started is simple. Call our firm at (561) 800-8000 or leave your contact information in our online case evaluation form to schedule a no-obligation free consultation. One of our attorneys will reach out to you to schedule a day and time that is most convenient for you to come in and meet one-on-one to discuss your case further and hear about our services.
Please bring the following information to your consultation for your attorney to thoroughly review:
- Medical records and bills associated with accident injury
- Photo or video evidence you may have
- Insurance information
- Other relevant evidence, documents, and information
At Frankl Kominsky Injury Lawyers, we always have your best interest at heart. It’s our pleasure to serve you and help you seek the compensation you need and rightfully deserve.
Call us today to get started with your claim.