Premises Liability Lawyers Serving Davie
If you are injured on someone else's property in Florida, there are a few steps you should take to protect your rights and ensure you have the best chance of obtaining the compensation you deserve.
First and foremost, seek medical attention right away. Documenting your injury and obtaining treatment as soon as possible is important. Even if you do not think your injuries are severe, it is still important to be checked out by a doctor, as some injuries can worsen over time.
Once you have taken care of your health, it is important to start gathering evidence of the accident and any resulting injury or damages. Take pictures of the property and the area where you were injured. Collect information from any witnesses to the incident. If you cannot locate any witnesses, you can ask around the neighborhood to see if anyone has seen what happened. Also, keep any documents related to the accident or injury, such as medical records, bills, and other related paperwork.
Next, contact an experienced premises liability attorney as soon as possible to discuss your case and evaluate your legal options. An experienced lawyer will be able to advise you on how to proceed with your claim and protect your rights throughout the legal process. They will also be able to help you understand the laws that apply to your case and determine if you have a viable compensation claim.
Finally, it is important to be patient and take your time when filing a premises liability claim. These cases can take some time to resolve, but an experienced attorney can ensure that your rights are protected and that you receive the full compensation you deserve.Who Can File A Premise Liability Claim In Florida?
Anyone injured on someone else's property in Florida has the right to file a premise liability claim. This includes visitors, customers, tenants, invitees, trespassers, and other people who are lawfully on the property. To file a premise liability claim in Florida, you must prove that the property owner or occupier acted negligently and that their negligence caused your injuries.
For visitors, customers, and invitees, the property owner must have known or should have known about the dangerous condition but failed to take any action to fix it or warn visitors about it. This is called constructive notice. For trespassers, the property owner must have deliberately created or maintained an unsafe condition that posed a risk of harm to those unlawfully on the property.
Additionally, the claimant must show that they suffered some injury due to unsafe conditions, such as physical harm or financial losses. This can include medical expenses, lost wages, emotional distress, and pain and suffering. If all these elements are met, the claimant has the right to seek compensation from the property owner or occupier.What Types Of Accidents Or Injuries Are Covered Under Premise Liability Law In Florida?
Premise liability law in Florida covers accidents or injuries caused by the negligence of a property owner or occupier. This includes falls caused by wet floors, broken stairs, inadequate lighting, dangerous conditions, or any other hazardous condition on the property. In addition, injuries resulting from inadequate security measures such as insufficient lighting, inadequate locks, and lack of guards can also be covered under premise liability law in Florida.
Injuries that are caused by a defective product on the premises can also be included under this law. If a property owner fails to maintain or repair equipment or property and it causes an accident or injury, they may be held liable for any damages.
In some cases, the property owner may not be at fault if the injured person was found to be trespassing or engaging in illegal activity when they were injured. If the injured party was warned of the potential risks of their activity, they may not be able to recover damages.
Finally, even if the injured person was partially at fault for their injury, they may still be able to recover damages under the comparative negligence law in Florida. Under this law, a court will assess how much each party is at fault and adjust the damages accordingly.How Do I Prove The Property Owner Is At Fault For My Accident Or Injury?
When filing a premise liability claim in Florida, it is important to understand that you have the burden of proving that the property owner was negligent and at fault for your accident or injury. To do so, you must be able to show that the property owner knew or should have known about a dangerous condition on their property and failed to take action to remedy the situation or warn you of the hazard.
To prove negligence, you will need to collect evidence such as photographs of the hazardous area, statements from witnesses, reports from experts, and documents related to the accident or injury. Additionally, you may need to provide evidence showing that the property owner had a duty to protect you from any potential harm, such as by maintaining safe conditions on the premises or providing adequate warnings.
It is important to keep in mind that proving negligence is not an easy task. As such, it is recommended that you consult with an experienced premises liability lawyer who can help you build a strong case. A lawyer can also help you determine whether you are eligible for any damages related to your injury or accident.How Much Time Do I Have To File A Premise Liability Claim In Florida?
The statute of limitations for premise liability claims in Florida is two years from the date of the injury. This means that you have two years from the date of your accident or injury to file a lawsuit in court. If you fail to file a lawsuit within two years, you may be barred from pursuing any kind of compensation for your injuries. It is important to keep in mind that this time limit can vary depending on the facts of your particular case.
You should also consider that if your injury or accident involves a government entity, such as a city or county, you will likely have less time to file a claim.
It is best to speak with an experienced premises liability attorney in Florida immediately if you were injured on someone else's property. An attorney can review the facts of your case and provide you with legal advice and guidance on how to proceed with your claim. They can also ensure that all deadlines are met so that you do not miss the opportunity to pursue compensation for your injuries.What Are Some Common Defenses To Premise Liability Claims In Florida?
When an injured person files a claim for premises liability, the property owner or occupier may raise certain defenses to escape liability. Some of the most common defenses to premise liability claims in Florida include:
- Open and Obvious: If the hazard was open and obvious, the injured person may not be able to claim the property owner. This defense is based on the idea that the injured person should have known better than to have put themselves in that situation.
- Contributory Negligence: The property owner may attempt to prove that the injured person's negligence contributed to the incident, which would bar them from collecting damages.
- Assumption of Risk: This defense applies if it can be proven that the injured person knew of the hazard but decided to ignore it and proceed anyway.
- Lack of Duty: The property owner may try to show that they had no duty to the injured person and, therefore, cannot be held liable for any injuries sustained.
- Breach of Duty: If it can be shown that the property owner did not take reasonable steps to protect visitors from foreseeable risks, they may be found negligent.
To successfully defend against a premises liability claim, the property owner or occupier needs to have detailed knowledge of Florida law. Therefore, if you are considering claiming an injury sustained on someone else's property, it is advisable to seek advice from an experienced attorney who can ensure that all applicable laws are properly applied in your case.Are There Laws That Protect Property Owners From Premise Liability Claims?
Property owners in Florida have certain legal protections from premises liability claims, but those protections are limited. The Florida Premises Liability Act provides that property owners will only be held liable for an injury if they either:
- Created or had knowledge of a dangerous condition that caused the injury and failed to fix it or warn visitors of the danger.
- Failing to act as a reasonable person would have in similar circumstances.
To win a premises liability claim, the plaintiff must prove the property owner acted negligently, which means the owner did not meet the standard of care that a reasonable person would have exercised in similar circumstances. A property owner can avoid liability if they can show that they were not aware of the dangerous condition, took reasonable steps to protect visitors, or that the visitor was also negligent in some way.
It's important to note that Florida has several laws protecting property owners from certain premises liability claims. For instance, in Florida, property owners are generally not liable for injuries caused by an open and obvious hazard unless the property owner should have reasonably expected that someone would not have noticed the hazard and attempted to avoid it. This is known as the open and obvious doctrine.
Property owners also have protection from other premises liability claims under Florida law. For example, property owners are immune when a visitor is injured due to intoxication or when a visitor enters a property without permission. Additionally, landowners may not be liable for injuries caused by natural conditions, such as floods, landslides, and erosion.
If you or a loved one has been injured on someone else's property in Florida, it is important to speak with an experienced premises liability lawyer as soon as possible. An experienced attorney can review your case's facts and advise you on your rights and potential legal remedies.Do I Need An Attorney To Help Me With My Florida Premises Liability Claim?
If you have been injured on someone else's property in Florida and believe that the property owner or occupier is at fault, then it's important to speak with an experienced premises liability attorney. A lawyer can help you understand your rights and potential claims under Florida law, and they can guide the entire legal process.
When pursuing a premises liability claim, there are often complexities involved in proving negligence and understanding the state and local laws related to personal injury cases. An experienced attorney can help you navigate these issues and build a strong case. They will also be able to provide valuable advice on filing a claim and handle all communication with the insurance company.
In addition, an experienced lawyer will have the knowledge and resources needed to collect evidence and fight for fair compensation. This includes gathering witness statements, taking pictures of the property, reviewing medical records, and obtaining expert testimony if necessary. An attorney will be better able to determine your case's full value so that you can get the best possible outcome.
If you have been injured on someone else's property in Florida, it's important to speak with an experienced premises liability attorney. With their expertise and guidance, you will be better positioned to fight for the justice and compensation you deserve.Under What Circumstances Can My Case Be Dismissed?
When filing a premises liability claim in Florida, there are certain circumstances under which your case can be dismissed. These include:
- Your injuries weren't caused by the negligence of the property owner. If the property owner was not negligent and the accident occurred due to a third party or even your fault, then your case will not stand.
- You didn't give the property owner reasonable notice. If you don't give the property owner reasonable notice of an unsafe condition, they may not be held liable for your injuries.
- You assumed the risk. If you voluntarily accept the risks associated with being on someone else's property, your case may be dismissed. For example, if you willingly entered a dangerous part of someone's property, such as a swimming pool, you may be assumed to have accepted the risk of being injured.
- You were trespassing. If you were on the property illegally, you cannot hold the property owner liable for any injuries sustained while trespassing.
These are just some circumstances under which your premises liability case may be dismissed in Florida. It is important to consult an experienced lawyer who can help you determine whether or not your case is viable and what steps you should take to ensure you receive the compensation you deserve for any injuries sustained on someone else's property.What Happens if The Defendant is Uninsured or Underinsured?
When a property owner is found liable for your injuries and is uninsured or underinsured, it can be difficult to get compensation. The owner may have limited resources to pay for your medical bills, lost wages, and other damages. In these cases, you may need to pursue other avenues of financial relief.
If the property owner has some form of insurance but is not fully insured, you may still be able to get compensation through that policy. Depending on the type of policy, it may cover some of your medical expenses, lost wages, and other damages. However, you may need to pursue other compensation methods if the amount of coverage offered is inadequate.
You may also be able to seek additional compensation through your auto insurance policy. Your auto insurance policy may provide additional coverage in cases where the other party is uninsured or underinsured. It's important to speak with an experienced premises liability attorney to determine what other forms of compensation may be available.
If all else fails, you may need to pursue a lawsuit against the negligent property owner. This is a last resort and will require the assistance of an experienced attorney who can help you navigate the complex legal process. A lawsuit will allow you to seek additional forms of compensation for your injuries, such as pain and suffering or emotional distress.Contact a Frankl Kominsky Injury Lawyers Premises Liability Lawyer Serving Davie
If you or a loved one have been injured on someone else's property in Florida, it is important to contact an experienced premises liability lawyer immediately. At Frankl Kominsky Injury Lawyers, our attorneys serving Davie and the surrounding area have been successfully helping people with premises liability claims for many years. We understand the complexities of this area of law and will fight tirelessly to get you the justice and compensation you deserve.
When you contact us, we will listen to your story and assess your case before providing sound legal advice. We can help you determine the best course of action to pursue and will work diligently to ensure your rights are respected throughout the process. Our lawyers have the experience and resources necessary to litigate your case in court, if necessary, and will fight to get you the highest possible settlement or jury verdict.
If you or a loved one have been injured on someone else's property in Florida, don't hesitate to contact Frankl Kominsky Injury Lawyers serving Davie for legal assistance. Our experienced premises liability attorneys team is ready to help you get the justice and compensation you deserve. Contact us today at (561) 800-8000.