Premises Liability Lawyers Serving Delray
As a resident of Delray, you should be aware of the importance of premise liability because Florida is one of the few states in the U.S. that has adopted a comparative fault system for property owners and business owners who are responsible for accidents. This means that your recovery for damages may be limited if it can be proven that you were partially at fault for the accident.
Knowing about this distinction is important because if you file a claim in Delray and it turns out that your negligence or careless behavior also affected or caused the accident, then this could minimize or bar any financial compensation you receive as part of your premises liability claim.What Are The Different Types of Premises Claims?
When it comes to premises liability claims, there are three different types depending on the circumstances and parties involved:
- Negligent Security Claims
- Slip and Fall Accidents
- Negligent Maintenance Claims
Negligent security claims are when a property owner fails to provide adequate security measures to keep patrons safe while on their property, such as installing CCTV cameras or having guards present at night.
Slip and fall accidents occur when someone trips or falls on a dangerous surface, such as wet floors, ice patches on sidewalks, or loose carpeting inside a store due to inadequate maintenance by the store owner.
Lastly, negligent maintenance claims happen when property owners fail to properly maintain their premises, resulting in an injury or death due to dangerous conditions such as faulty wiring, broken staircases, and other structural defects on their property that weren't fixed in time.What Is the Statute of Limitations for A Premises Liability Claim in Florida?
If you are considering filing a premises liability claim, it is important to understand the time limits. In Florida, the statute of limitations for these claims is two years from the date of injury. This means that you have two years from the date of your injury to file a claim and seek compensation.
It's also important to note that a few other exceptions may apply. For instance, if a minor is injured in an accident on someone else's property, their parent or legal guardian will have until their 18th birthday to file a claim. In cases where the injured person died as a result of negligence, Florida's wrongful death statute gives surviving family members two years to bring their claim.
Time restrictions are complex and always depend on your specific situation. To be sure you meet all deadlines, it's best to speak with an experienced attorney who can provide you with comprehensive legal advice and help explain all of the timeline-related aspects of your case.How Do I Know if I Have a Legitimate Premise Liability Claim?
You are not alone in wondering if you have a legitimate premise liability claim. While you may feel sure of your situation, it is important to ensure that all the elements of a legitimate premise liability claim are present before filing the claim.
Generally speaking, to have a valid premise liability claim in Florida, you must be able to prove that:
- The property owner or occupier had a duty of care towards you.
- This duty of care was violated.
- This violation directly led to your injuries.
- You experienced physical damage as a result of the incident.
If any of these elements is not present, it is likely that your claim will not be successful. It can be beneficial to consult with an experienced personal injury attorney who can review your situation and help you determine if you have a valid premise liability claim.Who Is Liable for The Duty of Care for Safety and Security?
When filing a premise liability in Florida, you need to know who is responsible for the duty of care for safety and security. Knowing this is key to proving your case and getting the compensation you deserve.
Generally, property owners (or those who own or occupy a property) are responsible for ensuring that visitors to their premises are kept safe and protected from harm. This can include but is not limited to inspecting the property regularly, repairing or fixing dangerous conditions that they know of or should reasonably be aware of, obstructing any known hazardous areas with barriers or warnings, and providing appropriate security measures so that people on the premises are safe.
If something wrong with your property leads to an injury, you should contact a lawyer experienced in Florida premise liability laws. They will help you understand your rights and can help determine if you have a case against the property owner or occupier for neglecting their duty of care.Who Can I Sue in A Premises Liability Claim in Florida?
So, who can you sue for a premises liability claim in Florida? Generally speaking, you can sue any property owner or occupier who has caused harm to someone on the property due to their negligence. This includes private property owners, commercial property owners, and government entities.
Property owners are responsible for taking "reasonable care" when their guests, occupants, and customers visit the premises. If an occupant is injured due to an unsafe or hazardous condition caused by a property owner's negligence, they may be liable for damages.
Property occupiers are responsible for what happens on the premises if they have control over it—regardless of whether or not they are the owner. Generally, this means tenant and guest occupiers have some responsibility towards ensuring safe conditions on the premises; if something happens as a result of their failure to do so, they may also be held liable for damages.
It is important to note that any legal action taken following an injury must be done within two years of the date of injury or when the injury was discovered. There are some exceptions to this rule that you should know before filing any claim in Florida—so make sure you consult with an attorney familiar with premise liability laws in your state before moving ahead with your case.What Are Dangerous Conditions on A Property?
With premise liability laws, dangerous conditions on a property are an important concept to understand. A dangerous condition is any hazard that could be reasonably foreseen as a risk on someone's property, whether natural or man-made, that might harm someone.
Some examples of dangerous conditions include:
- Wet floors and surfaces
- Imbalanced stairs
- Unkempt lawns
- Loose railings or hazardous objects
- Inadequate lighting in staircases and parking lots
It's also important to note that the standard of danger is based upon premises liability laws specific to each state, so it's wise to check with your local government for updates. In some cases, individuals or companies occupying the premises may also be held liable for the maintenance of the land or structure.Can I Collect Damages If I Knew of The Dangerous Condition?
When filing a premise liability in Florida, you may wonder if you can collect damages if you knew of a dangerous condition before an injury or illness occurred. Unfortunately, the answer to that question varies depending on your circumstances.
Open and Obvious Condition Exceptions
If the dangerous condition was so open and obvious that you should have seen it, then the property owner is not liable for any damages. For example, say there is a hole in the floor of a business, and it's so big that it could cause injuries—you are expected to have seen it, so the owner would not be liable.
But if they should have made that hole smaller or even covered it up, they may be held accountable with premises liability if someone falls in and gets injured.
Reasonable Care Exception
The other scenario comes into play when you are aware of a dangerous condition, but the property owner hasn't taken any reasonable steps to protect people from falling victim to such a dangerous situation.
For example, if mold grows inside an apartment building, no warning signs are posted, and no ventilation system is installed. The property owner could be held accountable for any cases of illness due to breathing in that air.
This means that if knowledge of the dangerous condition does not prevent you from collecting damages due to an injury or illness (instigated by dangerous conditions), you can still collect damages related to premise liability in Florida.Can I Collect Damages If the Owner Denies Knowledge of The Danger?
Yes, you can still pursue a premises liability case if the owner denies knowledge of the danger. In The Sunshine State, property owners are responsible for ensuring that their premises are reasonably safe and free from hazardous conditions. It doesn't matter whether or not the owner was aware of the danger — if a dangerous condition existed on their property and caused you to sustain an injury, you could be eligible for damages.
However, certain factors will be considered when assessing your potential case. These include:
Knowledge of Condition
The court will examine if the property owner was aware of the specific hazardous condition. If the owner had knowledge of this danger and failed to address it appropriately, they may be liable for your injuries.
The court will also determine whether or not owners took reasonable care to reduce any potential risks/dangers posed by their premises. If they fail to take such steps, it may impact their liability status.
The court may also consider any prior incidents that occurred on a particular piece of the property concerning its safety status. If a similar incident has occurred and no appropriate steps were taken to avert future incidents, this could strengthen your case significantly.
Knowing this information is important for you to determine whether or not you have a valid claim for premises liability in Florida, so make sure you talk to an experienced attorney as soon as possible if you believe your injury was caused by someone else's negligence or recklessness on their premises.How Can I Prove Negligence in A Premises Liability Case in Florida?
When it comes to filing a premises liability case, how do you prove negligence? This is a key question to answer when preparing your case. The first step is to understand the elements of negligence as recognized by Florida law.
The Elements of Negligence
The four key elements of negligence are duty, breach, causation, and injury. To establish a premise liability case, you must be able to show that:
- The property owner (or their representative) had a duty to maintain the property in a reasonably safe condition
- They breached that duty by failing to do so
- That breach caused your injury or damages and
- You suffered actual physical or psychological harm as a result of the breach and/or injury suffered.
You must be able to provide evidence of each element for your claim to hold up in court; this means showing clearly how the property owner's actions led directly to your injury or loss, or damages. You may need an attorney if your case is complex and involves multiple parties, as attorneys are well-versed in gathering evidence and negotiating settlement deals for victims of premise liability cases.How Do I Prove Damages in My Claim?
In Florida, you'll need to prove the damages you incurred due to the accident. The best way to do this is by providing evidence such as medical records or receipts of any medical bills you have paid, photos or videos of any injuries, and/or witness testimony.
Moreover, if the accident led to any lost wages due to time is taken away from work or a job loss, you'll need to provide evidence of your income before and after the injury. This could include pay stubs, tax returns, employer letters, bank statements, and other financial documents.
Additionally, if there are any other damages you have incurred, such as pain and suffering or property damage, then provide evidence of those. Some examples could be photos of the damaged property or statements from mental health professionals explaining how the injury has affected your mental state.
By providing sufficient evidence of your damages related to your Premise Liability case in Florida, you can show that you have suffered monetarily and emotionally from your injury. This is key in proving negligence in a premise liability claim.Common Defenses Against Premise Liability Claims
In premise liability suits, there are a few common defenses. Knowing these can help ensure you have the best case possible before filing a claim. Here are some of the most common legal defenses against a premise liability claim:
The Injury Was Caused by Another Person or Entity
If someone other than the named defendant was responsible for your injury, they may be held liable in a separate suit. For example, if an employee of the property owner caused your injury, you may still be able to file a lawsuit against that individual or their employer.
The Injury Was Not Foreseeable
If property owners have no reason to know that something could cause injury on their premises, then they cannot be held liable for any related injuries. This is often true regarding natural hazards, like snow and ice on sidewalks. In addition, if the injured party assumed the risks of their actions and ignored safety warnings, their claim may be weakened or dismissed entirely.
A Third-Party Contractor caused the Injury
Sometimes injuries occur because of third-party contractors working on the premises at the time of the accident. In this case, both parties may be held responsible: the property owner and the contractor.
It's important to remember that anyone considering filing a premise liability suit should consult with an attorney to discuss all potential legal defenses and determine whether they have a valid claim under Florida law.Contact Frankl Kominsky Injury Lawyers, Premises Liability Lawyers Serving Delray
Making a claim for premises liability in Florida is not easy to do. From understanding the law and the legal system to planning your case, you need to be prepared and know what to expect if you file a claim.
That's why it's important to contact experienced lawyers like those at Frankl Kominsky Injury Lawyers, who specialize in premises liability cases. Our team of attorneys can provide you with the resources and insight you need to get the best possible outcome from your case.What We Offer
At Frankl Kominsky Injury Lawyers, we understand the stakes are high regarding premise liability cases. That's why we strive to provide our clients with the following services:
- An honest assessment of your legal goals so we can develop a tailored strategy to meet them.
- Comprehensive guidance and advice on all aspects of filing a premises liability case in Delray and throughout Florida.
- A team of attorneys with years of combined experience handling premise liability cases.
- A personalized approach that caters specifically to each client's needs.
- Aggressive representation designed to secure maximum compensation for our clients.
- Comprehensive support throughout each stage of the legal process.
With our team at Frankl Kominsky Injury Lawyers on your side, you can rest assured that your case is in good hands, and we will do whatever it takes to get justice for you. Contact us today at (561) 800-8000.