Premises Liability Lawyers Serving North Miami
If you've suffered injuries due to a dangerous property condition, you should know the legal process to recover the damages your injury has caused. That process is called filing a premises liability claim in Florida.
Premises liability claims in Florida are designed to hold property owners accountable for hazardous conditions on their properties. In other words, they protect you from the negligence of another person or entity. Under the law, these property owners have a duty of care to ensure that their properties are safe and free from dangerous conditions that could cause harm to those who come onto their land.
In addition, if you do file a premises liability claim in Florida, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and more. This can help you cover your expenses and provide some financial relief as you heal from your injuries.What Is a Premises Liability Claim, and How Long Do I Have to File?
You might be wondering exactly what is a premises liability claim? Simply put, it's a legal action taken when someone is injured on someone else's property due to negligence. It can also refer to other forms of harm, like property damage.
To make a successful claim, you typically need to prove that:
- The property owner's negligence caused the injury
- The injury or damage was foreseeable or preventable
- The property owner had a duty of care to take reasonable steps to protect you from harm.
The statute of limitations for filing a premises liability claim in Florida is two years, so you'll have plenty of time to review the evidence and determine if you have a viable case before that date has passed. With the right legal advice and help, the process can become much simpler—so don't wait until it's too late to get started!Who Can File a Premises Liability Claim?
When filing a premises liability claim, the biggest question is, "who can do it?" In Florida, any injured party who visits or enters a property owned by another person or business entity may pursue a premises liability claim if injured due to the owner or manager's negligence. Furthermore, if an owner or manager fails to provide a warning of any dangerous conditions on the property, they may also be liable for damages.
To determine whether you have a valid premises liability claim, consider whether you are deemed an "invitee," meaning that you had been granted express or implied permission to enter the property.
This applies even if there was no direct money exchange between you and the property owner. Additionally, you must be able to prove that the property owner breached their duty of care to invitees and that this breach resulted in your injury.
If these criteria have been met, you may have grounds for a premises liability claim in Florida. It is important to remember that each claim is unique and must be evaluated individually.What is the statute of limitations for premises liability claims in Florida?
When filing a premises liability claim in Florida, one of the most important things to remember is the statute of limitations for these claims. Essentially, this is the amount of time you have from the date of your injury to file a claim. In Florida, this time frame is two years from the date of your injury.
It's important to note that this time frame can be reduced or extended depending on certain circumstances. Minor claimants (under 18) are given an expanded statute of limitations period, and there may be shorter limitation periods if you are filing a claim against a government entity.
Additionally, if you cannot reasonably discover that the property owner's negligence caused your injury until after two years, this statute may be considered "tolled" or paused.
You should contact an experienced personal injury lawyer as soon as possible after your accident to ensure that you are filing within Florida's statutes of limitations and that any applicable extensions apply.What are some examples of dangerous conditions which give rise to lawsuits?
So now that you know what premises liability is, what are some examples of dangerous conditions which give rise to lawsuits? These may include any hazardous situation resulting from a property owner's failure to maintain their property. Some of these might include the following:
- Slippery or unsafe floors.
- Unsafe stairs.
- Exposed wiring and broken fixtures.
- Poorly lit spaces.
- The ceilings and walls are in disrepair.
- Toxic chemicals or materials stored improperly.
- Unsecured swimming pools, hot tubs, and trampolines.
- Equipment and playgrounds that are not properly maintained.
- Fire hazards are caused by improper storage of flammable materials or faulty wiring.
If you have been injured as a result of any of these conditions or similar ones, it's important to note that there may be time limits on when you can file your claim. That's why it's always good to speak with an experienced attorney before deciding to file your premises liability claim. Your attorney will help explain the nuances of your claim and ensure you are taking the right steps to receive the compensation you deserve.What damages am I entitled to recover in a premises liability case?
When you file a premises liability claim in Florida, you may be eligible to recover various damages, depending on the severity of your injury. Generally, these damages can include:
No matter how severe the slip and fall, it's important to seek medical attention if you experience any type of pain or discomfort. You may be entitled to recover the costs associated with any medical treatment you receive as a result of your injury. Additionally, if your injury requires ongoing medical care, such as physical therapy or rehabilitation services, you may also be able to get reimbursement for those costs.
Lost Wages / Income
If your injury requires that you take time away from work for recovery, you can also pursue compensation for lost wages and/or future income losses related to the slip and fall. This can include any income lost due to missed work days, reduced hours, or any long-term impacts on your ability to earn an income.
Pain and Suffering
In addition to financial compensation for medical expenses and lost wages, you may be eligible for non-economic damages, such as pain and suffering or emotional distress associated with the incident. This includes physical pain, suffering, and mental anguish often experienced after a traumatic accident or incident.
So, you think you've got a premises liability claim in Florida? If so, you should know that it's possible to sue a range of people or entities under this law. They could be property owners, tenants, managers, or maintenance personnel—basically, anyone with a legal responsibility to ensure your safety was taken care of.
However, if you're partly to blame for the accident on someone else's property—perhaps for not paying attention or taking some other kind of risk—then your compensation may be reduced (or sometimes even denied). That's because Florida uses the concept of comparative negligence when evaluating premises liability claims.
This means that if you are found to be partially accountable for your injuries, any damages you can recover will likely be lowered by the percentage associated with your level of negligence. For instance, if it's determined that you were 20% at fault for the incident and suffering $100,000 in damages as a result, then the compensation awarded will be reduced by 20%, with only $80,000 being paid out in total.What Do I Have to Prove to Win a Premises Liability Case?
If you've been injured on someone else's property in Florida, and you want to file a premises liability claim, there are certain things that you need to prove for your claim to be successful.
Specifically, you have to prove the following four elements:
- That the property owner (or a person in control of the property) had a duty of care toward you.
- That this duty was breached.
- That the breach caused your injuries.
- That you suffered damages as a result of your injuries.
To win your case, all four of these elements must be established - if even one is missing or weak, it can significantly reduce the chances of success for your premises liability claim in Florida.How Will Liability Work in My Premises Liability Case?
If you're the one who got hurt due to a property owner's negligence, you'll need to prove that the accident was indeed their fault to get compensated. That can be a tricky task because it's up to you to prove that all three of these elements were involved:
Duty of Care
You must show that the property owner had a legal obligation or duty of care towards you as an invitee. They must ensure your visit is safe and free from hazards and check for any potential risks covered under premises liability law (such as wet floors or lack of warning signs).
Breach of Duty
You also need to demonstrate that this duty of care wasn't met—in other words, how did they breach it? That could involve not removing dangers they were aware of or failing to post warning signs when necessary. Have witnesses attest or have photographic evidence from the scene.
Finally, and most importantly, you must prove that this breach resulted in your injury. In other words, it was because the property owner did not take reasonable steps and precautions for safety that you got injured. This requires evidence, such as testimony from witnesses or hospital reports showing your injury is directly linked to what happened on the premises.
It can be easy to think that a slip and fall claim is the same as a premises liability claim, but they are two different types of claims. A premises liability claim is when someone files a lawsuit against the owner or possessor of land because they were injured while on that land. This could be due to any negligence on behalf of the property owner, including a hazardous condition that caused someone to slip and fall.
A slip and fall injury is when someone falls due to an uneven walking surface or puddle of liquid, for example. This type of injury is typically caused by negligence on the part of the property owner or possessor, which can lead to a premises liability claim in Florida if there are damages resulting from the injury.
To prove negligence for a slip and fall case in Florida, you must show that:
- The property owner or possessor owed you a duty of care.
- The owner was negligent in fulfilling this duty by not fixing/repairing/cleaning/warning about the hazardous condition.
- You were injured while on their property as a result of this negligence.
- You suffered damages as a result.
It's important to remember that not all slips and falls end up in litigation—but if you believe your injury is worthy of compensation, filing a premises liability claim may be necessary.What Circumstances Affect My Compensation Amount?
When filing a premises liability claim in Florida, you should know that a few factors will impact the compensation you receive. These factors include:
Severity of Injury
The severity of your injury will be the first thing considered when deciding how much compensation you should receive. The more serious your injury, the more your claim will likely be worth.
Degree of Negligence
The level and degree of negligence of the owner or occupier will also play a role in determining how much compensation you should receive. If it can be proved that the owner or occupier recklessly disregards your safety, then they may be liable for more substantial damages.
Delay in Filing
You must file your premises liability claim within four years of being injured on the property. Otherwise, you will miss out on being able to receive any compensation at all. The sooner you can file, the better your chances of receiving full damages for your injuries and losses.
The answer is yes, but you must navigate specific rules and regulations particular to Florida. The state of Florida requires that you provide evidence of negligence on behalf of the municipality. This means you must prove that they either caused your injury or were aware of the dangerous conditions yet did not take the necessary steps to protect the public from potential harm.
Some examples of a case that would likely fall under a premises liability claim would include the following:
- Dangerous sidewalks caused by poor maintenance.
- Negligently designed roadways.
- Defective streetlights.
- Unsafe swimming pools.
- Playgrounds with dangerous equipment.
It is also important to note that if you file a claim against the city, you must do so within the applicable statute of limitations — which in Florida is two years from the date of your injury.Is My Compensation Taxable?
In Florida, damages resulting from personal injury settlements are not taxed, but punitive damages and interest may be excluded from taxation.
If you're in doubt about whether or not compensation is taxable, consult a local attorney for more information. A qualified lawyer can help explain the tax rules in Florida and advise you on how to proceed with your claim.
Here are details of the types of damages that may or may not be taxed:
- Medical bills: These are generally non-taxable as they are awarded to cover costs associated with your injury.
- Lost wages and lost earning capacity: These may be covered under your injury settlement, but they're taxable if you receive them in a lump sum.
- Pain and suffering: These damages usually qualify as non-taxable, but check with a qualified attorney for more information about this type of compensation.
- Punitive damages are typically taxable, so it's important to know how much of your settlement could be subjected to federal or state taxes before filing your claim.
Filing a premises liability claim in Florida can be complicated, especially if you don't have the right legal team. That's why we are here for you at Frankl Kominsky premises liability lawyers. We understand the premises liability laws and have helped many North Miami and Florida people with their cases and claims.
If you've been injured due to someone else's negligence on another person's property, contact us today. We bring years of combined legal experience to help you understand the laws surrounding premises liability in Florida, review your case, determine what options are available to you, and craft a strategy for success.
Don't wait another minute—reach us at (561) 800-8000 and let us guide you through the complex process of filing a premises liability claim in Florida. Our experienced attorneys will do everything necessary to ensure that your rights are fully protected.