Premises Liability Lawyers Serving Margate

When filing a premises liability claim—whether for an injury caused by someone else's negligence or due to a dangerous condition on the property—it's important to understand your rights as a victim.

It can be tricky navigating the legal system, so here are some key reasons why you should care about premise liability claims:

  • You can receive financial compensation: A successful premises liability claim can result in compensation for medical bills, pain and suffering, and lost wages.
  • You can hold property owners accountable: When a property owner fails to take reasonable steps to ensure their premises are safe for visitors and customers, filing a premises liability claim can pressure them to make necessary changes for future visitors.
  • You may be able to obtain justice: Premises liability claims aren't always about money; they're also about holding people and companies responsible for their negligence or failure to maintain safety standards on their property. Filing a claim can help you feel like justice has been served.

If you've been injured due to someone else's negligence or failure to maintain safety standards on their property, don't hesitate to file a premises liability claim in Florida―you could be getting the justice you deserve!

What is Premise Liability?

Premise liability is a legal concept that holds property owners responsible for any accidents that take place on the premises due to their negligence or the negligence of someone under their control. It's important to remember, though, that property owners are not held liable for any accidents on the premises. Instead, they are held to a legally recognized duty of care called "reasonable care."

Simply put, they must take reasonable steps to ensure visitors are safe while on their property. Such steps may include maintaining safe walkways and stairwells, providing adequate lighting outside the entrance and exit points, and responding quickly when safety hazards become apparent.

If a property owner fails to uphold this duty of care and someone is injured as a result of this failure, then the injured person can file a premises liability claim against them for damages.

What Are the Different Types of Premise Liability Claims

At its core, premise liability is an owner's responsibility to ensure that a property is safe and accessible to guests or passersby. When they fail to do so, they may be held liable for any injuries or damages that occur as a result. In Florida, the most commonly seen premise liability claims are those related to:

  • Slip-and-fall accidents include slipping on a wet floor or tripping over an object left in a walkway.
  • Negligent security: If you're harmed after entering someone else's property due to inadequate security, you may have grounds for a premises liability claim.
  • Dog bites: If someone else's dog injures you while on their property (or in public), the owner may be held responsible for your medical bills.
  • Swimming pool accidents: Owners who fail to maintain safety measures around swimming pools may be found negligent if a guest is injured in their pool area.

Depending on the specific details of your case, there may be other types of premise liability claims that you can file. An experienced attorney can help evaluate your situation and determine which type of claim is right for you.

How Can I Establish a Property Owner's Negligence

Filing a premise liability claim in Florida involves proving that a property owner was negligent. This means proving that the property owner owed you a duty of care, violated that duty of care, and caused your injury as a result of their negligence.

Establishing Duty of Care

The first step to prove negligence is establishing that the property owner owed you a duty of care. Establishing this depends on your status on the property—were you an invitee, licensee, or trespasser?

  • Invitee: This includes customers in stores and restaurants. Property owners must use reasonable and ordinary care to keep invitees safe from foreseeable harm.
  • Licensee: These are guests invited onto the property for social reasons. Property owners must warn them about any hidden dangers or risks they know of.
  • Trespasser: Trespassers are people who enter someone's land without permission, meaning property owners have little responsibility when it comes to keeping them safe from harm.
Violating Duty of Care

Once you establish your status on the property, you must prove that the property owner violated their duty of care to you by neglecting to maintain the premises safely. This means showing that they failed to fix potential hazards like broken handrails or slippery surfaces and showed a disregard for your safety by allowing these potential hazards to persist.

It also means showing that they didn't do enough to protect visitors from potential dangers they knew (or should have known) existed on the premises, like an unlit hallway or exposed wires. By demonstrating both how the property owner has violated their duty of care as well as

What is The Process for Negotiating a Settlement Out of Court

The process for negotiating a settlement out of court may vary depending on the case. Generally, however, the individual who has been injured will submit a claim to the negligent property owner's insurance provider with all relevant information about the accident and resulting injuries or damages.

The insurance provider will review the claim and typically attempt to negotiate a settlement with the injured party or their legal counsel. The negotiation process typically involves back-and-forth offers until an agreement is reached.

It's important to remember that once you accept a settlement offer, it is final, and you will not be able to seek any additional compensation from that party in the future. To ensure that you are receiving adequate monetary compensation for your damages, it's important to have legal representation. Your lawyer can help you negotiate a fair settlement by understanding Florida law and ensuring your rights are protected throughout this process.

What Steps Are Involved in Litigation or Filing a Claim in Court

Filing a premises liability claim in Florida can be a complicated process. Before you move forward with filing your claim, it's important to learn about the necessary steps involved.

Investigating Your Claim
The first step for any potential premise liability case is to investigate and determine whether a property owner did have a duty of care towards you and failed to act as expected. It's important to document all facts, such as photos of the premises and how you were injured, and keep any medical records showing your treatment. This can all be used as evidence in your case.

Meeting Deadlines
The statute of limitations for filing a premise liability claim in Florida is two years from the date the injury occurred, so it's important to know this timeline when getting started. If you wait too long, then you may not be able to file a claim at all.

Hiring An Attorney
It's always wise to hire an attorney when filing a premises liability claim in Florida, as they will be able to handle all the legal paperwork and help ensure that all steps are taken correctly throughout the process. A lawyer will also protect your rights while representing you in court.

What Are Some Examples of Premises Liability Claims?

When it comes to premises liability claims, the possibilities are nearly endless. Essentially, any time an injury occurs on someone else's property due to their negligence, a premises liability claim can be brought forward.

Some examples of premises liability claims could include:

  • Slip and fall accidents due to wet floors or uneven surfaces.
  • Injuries caused by broken staircases or railings.
  • Dog bites or attacks caused by a negligent dog owner.
  • Damages associated with inadequate security in public places, such as parking lots.
  • Injuries resulting from hazardous materials on the premises.
  • Product-related injuries resulting from faulty equipment or machinery.

The list goes on and on. No matter the incident, if an injury occurred due to another party's negligence on their property, you may have a valid premises liability claim. However, it's important to note that every case is unique, and it's wise to speak with an experienced premise liability attorney to determine your best course of action.

What Is the Duty of Care a Property Owner Owes to Visitors?

It's important to understand the types of duties that property owners owe to visitors when it comes to premise liability claims in Florida. Generally speaking, the property owner is expected to keep their premises reasonably safe from hazards and maintain all areas of the property.

This includes keeping up with necessary repairs and maintenance, ensuring all safety features are up to date, and not allowing any dangerous conditions on the premises. What could this include? Here are some examples of items that might be considered hazardous:

  • Falling debris or objects;
  • Uneven stairs or flooring;
  • Poorly lit walkways;
  • Exposed wires or plumbing;
  • Fumes or chemical spills;
  • Unsecured furniture or equipment.

It's also important to note that sometimes a property owner may be obligated to warn visitors of potential dangers even if they are unaware of them. This is especially true if the hazard is something a reasonable person would not expect. Ultimately, each case is different and must be judged on its merit.

What Is the Statute of Limitations for A Premises Liability Claim in Florida?

Before you file a premises liability claim in Florida, it's important to know about the statute of limitations.

The state of Florida has a two-year statute of limitations on filing a premise liability claim. This means that after an injury occurs, you have two years from the incident date to file the claim in court.

You can file your claim after you first discovered or should have reasonably been aware of your injury but no later than two years after the incident occurred. Failing to file within this period could lead to the dismissal of your case.

Additionally, if you are filing a claim against a government entity or employee in Florida, you must put them on notice sooner than in non-government entity cases. If you fail to do so, then your claim will be barred.

It is essential to keep these timelines in mind when considering filing a premise liability claim in Florida, as any missed deadlines may result in an inability to recover compensation for your injuries and losses.

Who Can File a Premises Liability Claim in Florida?

So, who can file a premises liability claim in Florida? Generally, anyone who is injured on another person's property due to hazardous conditions or circumstances could be eligible to make a claim.

To succeed with a premises liability lawsuit, you must prove the four elements that are associated with all those kinds of cases:

  • The property owner was obliged to keep visitors reasonably safe while on the property.
  • The owner violated their duty of care by neglecting to protect visitors from harm.
  • The victim was injured due to the property owner's negligence or lack of reasonable safety measures.
  • The victim suffered damages as a result of their injuries, such as medical bills, lost wages, and suffering and pain.

The division between "invitee," "licensee," and "trespasser" may affect who can file a premises liability claim in certain situations. For example, if someone enters your property without your permission—say for criminal purposes—you may not be responsible for their injuries and thus cannot be held liable for them.

Nevertheless, seeking legal advice is recommended if you believe you may have a case against someone whose negligence led to your injury on their premises—regardless of whether they invited you on or not!

Can A Trespasser File A Premises Liability Claim in Florida?

The answer to this question isn't a simple yes or no. Generally speaking, trespassers can make a premises liability claim only if the property owner's negligence caused their injury. For example, if a property owner left an obstacle in their walkway that wasn't marked, and it caused a trespasser to fall and suffer an injury; then they may be able to file a claim.

However, courts in Florida typically use the attractive nuisance doctrine when handling cases involving injuries suffered by children trespassing on someone else's property. It requires that certain conditions are met for a child to be compensated for their injuries. These conditions include:

  • The child must have been too young to realize the potential danger of the situation;
  • The dangerous instrumentality or condition must have created an unreasonable risk of death or serious bodily harm;
  • The risk must have been evident to someone with ordinary intelligence; and
  • The benefit of maintaining the dangerous instrumentality or condition must be substantially outweighed by its risk of harm.

In other words, if a child trespasses on your property due to something you left out that could attract them (such as toys, trampolines, swimming pools, etc.), you may be liable for any resulting injuries they suffer due to your negligence.

What Is The "Open and Obvious" Defense in A Premises Liability Case?

Before filing a premises liability case in Florida, you should know there is a special defense called the "open and obvious" defense. This means that if the defendant can show that the danger was obvious or known to you as a visitor, they may not be liable for your injuries.

It's important to know that this defense only applies when the property owner is not negligent in any way—it doesn't matter if you knew about the danger or not if the property owner created it and didn't take steps to make it safe. But if you were aware of the danger—like an unsecured wet floor, for example—then the open and obvious defense may apply.

There are two ways to prove this defense:

  • Claiming that the plaintiff was aware of an obvious condition on the property before they were hurt; or
  • That any reasonable person in the plaintiff's shoes would have also known about the danger.

In addition, even if it is established that a dangerous condition existed on the premises, certain exceptions will apply. They may prevent recovery, such as when a plaintiff has encountered risks that they should have appreciated under Florida law. It's important to be aware of this aspect of premises liability cases and how it can impact your case before filing a claim in Florida.

Contact Frankl Kominsky Premises Liability Lawyers Serving Margate

If you are considering filing a Premise Liability claim in Florida, you need to consider contacting the professionals at Frankl Kominsky as soon as possible. Frankl Kominsky premises liability lawyers have been serving clients from Margate for many years and are well-versed in all aspects of premise liability law. Our attorneys strive to provide clients with the best representation possible and will work hard to protect your rights.

By consulting with one of our lawyers, you will benefit from an experienced advocate who understands how the law works in Florida and can help guide you through the legal process.

This can be invaluable in securing a favorable outcome for your case. In addition, we offer free consultations so that you can understand your rights and options before making any decisions. Contact us today at (561) 800-8000 to start your healing journey.

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