Premises Liability Lawyers Serving Tamarac
Have you or a loved one been injured on someone else's property in Tamarac, Florida? If so, you may want to learn more about Florida law related to premise liability and how you may receive compensation for your injuries.
To keep people safe, Florida property owners must maintain a reasonable standard of care regarding any hazards on their land. This is known as premises liability, meaning that if an owner fails to uphold this reasonable standard of care and someone is injured, they may be liable for medical expenses, lost wages, and other damages.
Understanding your legal rights regarding premise liability claims in Tamarac can help you protect yourself from any further harm due to negligence from property owners. Knowing your rights can also help you receive the compensation you deserve for your injuries.What Injuries Are Classed as Premises Liability?
The next thing you need to know about premise liability in Florida is what kind of injuries are classed as premises liability. An injury falls within premises liability when it results from a hazardous condition found on someone else's property. Some common examples of these injuries include:
- Slip and fall accidents.
- Dog bites.
- Negligent security cases.
- Injuries resulting from hazardous conditions, like inadequate lighting or potholes.
- Injuries resulting from malfunctioning mechanical parts or dangerous machinery.
Aside from physical injuries, premise liability cases can also cover property damage and emotional distress. If you feel like you have suffered property damage, emotional trauma, or physical injury due to a hazardous condition on another person's property, it's important to get an experienced lawyer to help protect your rights and ensure your claim is handled correctly.What Is a Liability Attorney?
A liability attorney is an attorney experienced in civil law involving personal and premises liability, including personal injury and liability claims. They know the laws and regulations of Florida's premises liability codes and can help you navigate the legal process if you've been injured due to unsafe premises.
Generally speaking, a liability attorney will:
- Investigate the incident that took place to determine if the defendant is at fault
- Work with experts to compile evidence against the defendant
- Negotiate with insurance companies or opposing lawyers to resolve your claim
- Represent you in court if necessary
Your case will likely be more successful if you choose an experienced premises liability attorney in Florida. They can explain the claim process to you and answer any questions. They will also know local laws that come into play for your case. A trained lawyer can ensure you get the best outcome for your situation.Do I Need an Attorney to Bring a Premises Liability Case?
When it comes to premises liability cases, you may think that you don't need a lawyer. But if you want to maximize your chances of getting fair compensation, then hiring an experienced personal injury attorney is always the best route.
A lawyer can help you by:
- Make sure you meet the legal definition of an "invitee" or "licensee" and fully understand why you can bring a claim against the property owner or possessor.
- Investigating your claim to prove the negligence of the property owner or possessor.
- Gather evidence to support your case, including witness statements, police reports, maintenance logs, photographs, or surveillance videos related to your accident.
- Evaluate all of your losses to ensure that you receive full and fair compensation for them.
- Negotiating with the insurance company on your behalf and protecting your rights throughout this process.
- Taking your case to court if necessary and handling any appeals that arise from it.
A legal team who's knowledgeable about premises liability law in your state can make sure that all elements of a successful claim are present—and if they're not, they'll help get them there by working hard on your behalf to get you maximum compensation for what happened to you due to another's negligence.How To Make a Premises Liability Claim in Florida?
Generally speaking, if you are injured on someone else's property due to their negligence, you should file a claim with the property owner's insurance company as soon as possible. You will want to gather evidence, take pictures of the accident scene, and secure medical treatment for your injuries.
If you choose to pursue legal action for your premise liability claim in Florida, here is an overview of the steps you need to take:
- File an insurance claim
- Gather evidence
- Hire an attorney
- Exchange information with the responsible party
- Present evidence in court
- Negotiate and/or go through mediation
- Receive a verdict
- Accept or appeal judgment
Following these steps, you can effectively move forward with your premise liability claim in Florida and get compensation for your injuries and damages sustained on the other party's property.What Are the Elements of a Premises Liability Claim?
When it comes to premises liability claims in Florida, there are four key elements that you need to be aware of. They are:
- The Duty of Care Owed: Property owners owe a reasonable duty of care to visitors and guests on the premises, including customers, pedestrians, and invitees. The duty of care is determined by the visitor's "status," meaning whether they are a customer, invitee, or a trespasser.
- The Breach of that Duty: To prove a breach in the duty of care owed to you, you must show that the owner should have known or knew that there was an unreasonable risk of harm but failed to address it in any way.
- Injury Occurred as a Result: You need to show proof that your injury occurred directly from the breach of duty or negligence on the part of the owner or occupier of the premises. This can be difficult if you do not have enough evidence to prove it beyond doubt.
- Damages Suffered as a Result: If you can prove elements 1-3 were met, you must now demonstrate that you have suffered damages from your injury (e.g., physical pain, mental anguish, medical bills). This can also be difficult if you do not have strong evidence for your claim and cannot easily demonstrate all damages.
Let's look at a couple of examples of premise liability claims in Florida.
Say you're in a restaurant and slip on a wet floor that the restaurant staff failed to clean up. You might claim premises liability, and the restaurant might be liable for any medical bills you incur from your injuries.
Another example is if you walk into a store and trip over an item left carelessly on the floor. In this scenario, if you're injured as a result of tripping, then you could potentially have a valid claim.
In both of these cases, it would be up to the injured person to prove that the property owner or occupier was negligent in their duty—which is why it's so important to document everything after an injury occurs on someone else's property.What Damages Am I Entitled to Recover in A Premises Liability Case?
When it comes to a premises liability case in Florida, you may be entitled to recover monetary damages for the injury. These damages can include:
- Medical expenses such as doctor visits, hospital bills, medications, and medical equipment.
- Lost wages from not being able to work due to your injury.
- Pain and suffering, and mental anguish due to your injury.
- Rehabilitation costs for physical therapy or psychological therapy stemming from the injury.
- Funeral costs in case your loved one passes away due to an injury on someone else's property.
In some cases, you may also be able to recover punitive damages, but that generally depends on the individual circumstances surrounding the incident. It is important that you contact an attorney as soon as possible after the incident so that they can advise you on your options and how best to move forward.How Much Is the Average Premises Liability Settlement in Florida?
If you suffer an injury on someone else's property in Florida, you might be wondering how much you can expect to get in a settlement. The average premises liability settlement in Florida ranges widely depending on the severity of your injury and the amount of evidence proving negligence.
Some of the factors that will affect the exact amount of your premises liability settlement include:
- The state laws pertaining to premises liability.
- The degree and extent of your injuries.
- Your medical expenses and prognosis.
- Any lost wages due to your injuries.
- The property owner's insurance coverage limits or assets.
- Your comparative fault for the accident, if any.
It is important to remember that insurance companies are not known for paying out quickly or offering generous settlements, so it's best to talk to an experienced premises liability lawyer before negotiating a settlement with an insurance company. An attorney can analyze all your evidence and develop a strategy to get you the highest possible amount in compensation.Can A Handyman Sue Me for Injury?
The short answer is yes. If you, as the property owner, do not take all necessary steps to protect against potential injury, you can be held liable if a handyman—or any other person on your property—is injured.
That being said, there are a few things you can do to potentially protect yourself:
- Ensure the person coming onto your property is licensed or qualified for the job. This will protect you from liability if the worker does not have the necessary qualifications or licensure for their particular task.
- Ensure that all safety protocols are followed and that all necessary safety equipment is available and used properly during any job or task on your premises.
- Provide workers with a warning of any known hazards on your premises before they begin work or perform any task or activity there.
- Keep up with the maintenance of any structures on your premises and provide adequate security if it is needed to protect employees from harm.
- Refrain from making any changes that may increase potential risks while a worker is onsite (for example, adding additional weight to a structure) without informing them first and giving them time to assess the added risk before continuing work in those areas.
It is important to note that careless behavior can put anyone at risk of injury, so make sure you are aware of what's happening in your home and know when to look out for liability issues!Is A Tenant an Invitee or Licensee?
The difference between an invitee and vs. licensee isn't always clear, so let's break it down. Generally, an invitee was either invited or expected onto a property by the owner or occupier for business purposes. A licensee enters the property with the expressed or implied permission of the owner but for their purposes.
So what does this mean for a tenant? It's a bit tricky because a tenant can sometimes be both an invitee and a licensee in one—for example, when entering common areas like hallways and hallways that are part of the building's structure where everyone has to enter/exit. In this case, they would be invited when entering these common areas, but they'd still be considered visitors in their apartments.
If a tenant trips over something dangerous in the common area (like broken stairs) or experiences unlawful discrimination (like being denied access to services due to their race), they could potentially claim premises liability—and it would be up to the owner/occupier to prove that they did not have knowledge of any dangerous condition or had no reason to suspect it existed before the time of its accident.What Can I Expect During a Premises Liability Case?
If you're considering a premises liability case in Florida, you can expect the process to follow these steps:
- Hiring a lawyer: Your lawyer will assess your case and determine if it's worth taking to court.
- Meeting with experts: Your lawyer may consult experts such as medical professionals or engineers to strengthen your case.
- Filing of complaint and answer: These legal documents include the information about your accident and set the stage for the trial.
- Discovery: During this process, both parties share evidence, take depositions, and learn more about each other's arguments.
- Jury selection: Selecting a jury is an important part of the trial as this is who decides if you get compensation.
- Presentation of evidence: Witnesses are called upon to testify in court, and evidence is gathered by your lawyer and the defendant's attorney.
- Arguments made by attorneys: Lawyers on both sides make their final arguments before jury deliberation begins.
- Jury deliberation: This is when the jury weighs all of the facts and evidence presented during the trial and comes up with its verdict
- Verdict reached by jury: The jury then decides whether you should be awarded damages.
- Final ruling by judge/court orders entry of judgment: The final decision that decides if either party should pay compensation.
At every stage throughout a premises liability claim in Florida, it's important to have an experienced lawyer representing you to help protect your rights and ensure justice is served.What Evidence Will My Lawyer Need to Prove My Case?
When filing a premises liability claim in Florida, you'll need to provide your lawyer with the necessary evidence to prove your case. This will likely include providing copies of medical bills, photos of the injuries sustained, witness statements, and a copy of the police report (if one has been filed). You'll also need to prove that you suffered damages due to someone else's negligence.
Your lawyer can advise you on any additional evidence they may need to present your strongest case. It is important to understand that premises liability claims can be complex and difficult to prove. Therefore, you must provide as much pertinent evidence as possible for your attorney to put together a strong and persuasive argument on your behalf.Contact Frankl Kominsky Injury Lawyers, Premises Liability Lawyers Serving Tamarac
If you're looking for a firm to handle your premise liability claim in Florida, look no further than the Frankl Kominsky Injury Lawyers, premises liability lawyers serving Tamarac. We have been representing injury victims for more years as they seek justice and compensation for their losses. Our experienced attorneys will use their knowledge of the law and their passion for justice to ensure your case is handled with care and diligence.
Not only will our team protect your legal rights, but they'll also help you understand the entire premise liability process. From the initial filing of a lawsuit to potential settlement negotiations and trial proceedings, our team will be by your side at every step. We can also provide you with valuable advice to help you make informed decisions about your case—choices that may ultimately affect its outcome.
At Frankl Kominsky Injury Lawyers, we strive to provide personalized services tailored to each individual's needs. Our attorneys are available 24/7 and will go the extra mile to ensure that you receive maximum compensation for your premises liability claim. Feel free to contact us at (561) 800-8000 anytime for more information or if you have any questions about how we can help with your situation.