Premises Liability Lawyers Serving Coconut Creek

When it comes to premise liability, you should care because it can provide you with a pathway to getting the compensation you deserve if you are injured on someone's property. A successful premises liability claim can help ensure that your medical bills and other expenses related to your injury get covered.

Let's break this down a bit more. Under Florida law, property owners have an obligation to maintain their property in a reasonably safe condition for visitors or guests. If the owner fails to do this, they may be liable for any accidents or injuries due to their negligence.

In other words, any injury caused by the negligence of another person's property owner could be grounds for a premises liability claim. Knowing this information can help you understand your rights if you ever find yourself facing an injury on another person's property in Florida and give you the best chance at obtaining the compensation deserved for your injuries.

What Is Premises Liability Claims in Florida?

Before getting into the details of filing a premises liability claim in Florida, let's go over what premises liability is. A premises liability claim is when a person willingly or unwillingly enters another person's property and is injured due to the owner's negligence.

The injured party can file a lawsuit against the owner if they feel the injury was caused by their failure to maintain the property properly. Property owners are expected to keep their properties reasonably safe for visitors and guests, and if they fail to do so, they may be held liable for resulting injuries.

Types of premises liability claims in Florida include:

  • Slip and falls on uneven pavement or slippery floors.
  • Injuries from falling objects in public places.
  • Improper maintenance or negligence in public places.
  • Injury caused by lack of safety barriers.
  • Injury caused by inadequate security.

By understanding what kind of incidents fall under premises liability claims in Florida, you can know when it's time to seek legal counsel and file a claim.

What Types of Injuries Are Covered Under Premises Liability Law in Florida?

If you've been injured on someone else's property due to the property owner's negligence, you may be eligible to file a premises liability claim in Florida. But what types of injuries qualify for this kind of claim? The answer: is pretty much any injury that can be proven to have been caused by the property owner's negligence. The most common injuries covered by premises liability law in Florida include the following:

  • Slip and fall accidents.
  • Negligent security incidents (unprotected stairwells, poor lighting, lack of CCTV monitoring).
  • Burns or scalding from broken hot water systems.
  • Negligent maintenance or repair of equipment or machinery leading to an injury.
  • Structural collapse or defective stairs.
  • Animal attacks or bites attributable to a pet that the property owner was responsible for controlling.

The best way to determine if your injury qualifies for a premises liability claim is to speak with an attorney with experience in these cases. When evaluating your claim, an attorney can advise you on the best course of action and help you pursue a successful legal outcome.

How Much Time Do I Have to File a Premises Liability Claim in Florida?

If you've been injured on someone else's property, you're probably wondering how much time you have to file a premises liability claim in Florida. The answer is: it depends.

The statute of limitations for premises liability claims in Florida depends on the type of injury and who is responsible for the property where the incident happened.

Injury to a Child
You can file a claim on behalf of your child. However, an experienced attorney will be the best resource for helping you navigate this difficult process.

Injury Due to Negligence or Intentional Acts
If an adult is injured due to no fault of their own (negligence or intentional acts), they have two years from the date of injury to make their claim.

Injury Caused by Local Government
In cases involving local government parties, special rules apply—notably an even shorter timeframe (3 years) for filing claims against municipal entities such as counties, cities, and townships for dangerous conditions on public property.

When filing a premises liability claim in Florida, knowing your rights and acting quickly before any deadlines expire is important. Always seek legal advice as soon as possible after your injury to maximize your chances for compensation and justice for all parties involved in the incident.

Examples of Premises Liability Claims

Before filing a premises liability claim in Florida, it is important to know the incidents or accidents typically included under this claim. Generally speaking, a premises liability claim refers to any injury or damage sustained on another's property due to the negligence of the property owner or occupier. Examples of situations that may be considered a premises liability claim include:

  • Slip and fall injuries on slippery surfaces like wet tiles, icy walkways, or cluttered floors.
  • Structural defects, such as cracked pavement or broken stairs, cause injuries.
  • Injury due to insufficient security measures taken at the premises can lead to an attack.
  • Injury from faulty equipment or machinery.
  • Injury from exposure to toxic chemicals.
  • Injuries are caused by sudden weather changes such as lightning strikes, floods, and hurricanes.

For a premises liability claim to be successful in Florida, it must be proven that the injury sustained was due to negligence by either the property owner or occupier of the premises. If you believe that your injury was caused due to negligence, then it may be worth filing a premises liability claim in Florida.

Elements of a Premises Liability Claim

If you have been injured due to someone else's negligence on another person's property in Florida, you may be entitled to pursue a premises liability claim. However, certain elements must be established to bring such a claim successfully.

Duty of Care
The first element is proving that the property owner or occupier owed you a duty of care. This means that the property owner or occupier was obliged to maintain their property in a safe condition and warn of hazardous conditions that were known or should have been known with reasonable inspections.

Breach of Duty
The second element is establishing that the duty of care was breached by the property owner or occupier's actions (or inaction). This means showing that they failed to maintain their premises in a safe condition and/or failed to warn of known hazards.

Injury and Damages
The third element shows that the breach resulted in your injury and damages. This includes medical expenses, lost wages, pain and suffering, and other related damages from your accident or illness.

For you to prevail in a premises liability claim in Florida, you must be able to prove each of these elements through credible evidence. A skilled attorney can help guide you through this process and ensure your legal rights are fully protected throughout your case.

What is The Property Owner's Responsibility Under Premises Liability Law?

When it comes to premises liability law in Florida, property owners have a certain responsibility to keep their property safe for visitors.

First and foremost, property owners must exercise reasonable care when maintaining their premises, which includes keeping them clean and free from hazards or dangerous conditions. They must also take appropriate steps to ensure that any known hazardous conditions are addressed promptly.

Warning Visitors
If a potential hazard exists that the visitor may not be aware of (such as a wet floor after mopping), the property owner is obligated to warn the visitor before they can get injured (for instance, by placing warning signs around the area). This is an important part of premises liability law that holds the owner responsible for warning visitors of any dangerous conditions on the property.

Maintaining Property
Property owners also have an obligation to maintain their property and keep it in a safe condition, which includes conducting regular inspections and repairs as needed. This means that they should regularly check for any damage that could create hazardous conditions and inspect any exterior features such as stairs or railings, to ensure they are safe for visitors.

By understanding these obligations under premises liability law in Florida, those considering filing a claim can better understand their rights and protections should something happen on someone else's property.

How Can I Make a Premises Liability Claim?

If you've been injured on another person's property, you may be able to file a premises liability claim. But before you do, it's important to understand the process. Here are some of the key things you need to know when filing a premises liability claim in Florida:

Proving Negligence
In a premises liability claim, you'll want to prove that the property owner was negligent. That means that they either failed to fix a problem on their property or should have known about the danger and done something about it. To prove negligence, you'll need evidence such as photos of the hazard or testimonies from witnesses who saw what happened.

Statute of Limitations
In Florida, there is a time limit for filing premises liability claims. This time limit is known as the statute of limitations, and it requires that you file your claim within two years of your injury date. Failing to do so can prevent you from seeking compensation for your damages.

It's essential that you keep thorough documentation when making a premises liability claim in Florida. This includes keeping medical records, police reports, and photographs of the incident site for proof. Additionally, keep detailed logs of all conversations with insurance companies and any other parties involved in your case, as this could be beneficial if your case goes to court.

How Do I Prove That a Property Owner Acted in A Negligent Manner?

The next step in filing a premises liability claim in Florida is to prove that the property owner acted negligently. This means that you must show that the owner of the property was aware of, or should have been aware of, a certain hazard or risk and failed to take steps to either repair it or warn you about it.

To do this, you'll need to gather evidence such as:

  • Photos and videos of the accident scene and any existing hazards.
  • Medical reports and documents showing your injuries.
  • Eyewitness accounts from anyone who may have seen the accident happen.
  • Records related to property maintenance - such as inspection reports - can help demonstrate when a hazard was first discovered.
  • Documentation of any communication with the property owner concerning any hazardous condition on their premises.

With this information, you can demonstrate, for example, whether proper warning signs were posted near hazardous areas on the property where your accident happened. Ultimately, it will be up to a court or insurance company to determine if the property owner's negligence contributed to your injury and resulting damages in Florida.

What Types of Damages Can I Pursue in A Premises Liability Case?

When it comes to premises liability, damages can include medical bills, lost wages, future income losses, and pain and suffering. You may also receive compensation for any mental or emotional distress you may have suffered due to the incident.

However, before you can seek recoverable damages in a premises liability claim in Florida, you need to determine the types of damages that you are owed. Here's a brief overview of some of the most common types:

  • Medical expenses: Medical bills are one of the most common recoverable damages in a premises liability case. These costs include hospitalization fees, medication, physical therapy sessions, and other related treatments for any injury sustained due to the incident.
  • Lost wages: If you have suffered lost wages due to your injury or the time spent recovering from it, this is another type of compensation that can be pursued in your claim. This includes any income you may have lost while being off work and any future income losses if your disability prevents you from continuing in your current job role.
  • Pain and suffering: Pain and suffering is also a type of recoverable damage in premises liability cases in Florida. This includes physical pain from the incident and any mental anguish or emotional trauma that may have been caused, such as fear or anxiety.
Should I Settle My Premises Liability Case or Seek a Trial?

When it comes to premises liability lawsuits in Florida, the decision of whether to settle your case or proceed to trial should not be taken lightly; it is a big and important decision. There are a few key factors you should consider when making this choice.

First, consider the strength of your case and the likelihood of success at trial. If you have a strong case or the defendant is liable for your injuries, going to trial may be the better option, as it will allow you to seek more compensation than an early settlement offer.

Second, you should know the costs of taking your case to trial (e.g., lawyer fees and court costs). If you go to trial, there's a chance that you may spend more in legal fees than you recover in damages. Therefore, carefully weigh the risks and potential rewards before going to trial.

Third and finally, consider how long a jury trial would take versus how long it takes to reach a settlement and receive your compensation. A settlement could take weeks or months, whereas a jury trial could last days to weeks, depending on severity. Settling also eliminates uncertainty about what outcome the jury ultimately reached.

Ultimately, when deciding whether or not to settle your premises liability case or seek a jury trial in Florida, make sure that you consider all these factors before making a final decision.

Contact Frankl Kominsky Injury Lawyers - premises liability lawyers serving Coconut Creek

When dealing with premises liability cases, you need an experienced lawyer who understands the legal system. At Frankl Kominsky Injury Lawyers, our premises liability lawyers have experience in such cases and have decades of combined experience handling them. Our lawyers have years of experience navigating the complexities of liability law and will fight for your rights. We understand how to identify and establish fault, assess damages, and ensure your case succeeds.

If you believe you are a victim of premises liability in Coconut Creek, contact us today at (561) 800-8000. We will carefully review your case and guide the options available to help protect your rights. Our attorneys are here to guide you through all steps of the process, from filing a claim to representing you in court if necessary.

With our experienced legal team, you can rest assured that your case is in good hands. Don't wait any longer - contact Frankl Kominsky Injury Lawyers - premises liability lawyers serving Coconut Creek at (561) 800-8000 for further assistance!

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