Premises Liability Lawyers Serving Wellington

As a resident of the Sunshine State, it's important to understand the basics of filing a premises liability claim if you ever find yourself injured on someone else's property. A successful premises liability claim could help you recover from your losses, including medical expenses and lost wages resulting from an injury.

If you're hurt on someone else's property for any one of the following reasons, you may be able to file a premises liability claim:

  • If a building or facility has poor maintenance and is unsafe.
  • Inadequate security measures that lead to injuries from another person's actions on the premises.
  • Accidents are caused by slips and falls on wet floors or poor lighting.
  • Animal bite injuries are caused by pet owners who do not control their animals.

It's wise to consult with an attorney experienced in this area of law before moving forward—it may help ensure that you don't miss out on potential damages that could cover your medical bills, lost wages, and other expenses resulting from an injury.

What Is a Premises Liability Claim?

Before filing a premises liability claim in Florida, it's important to understand what "premises liability" means. Simply put, premises liability is a type of negligence claim that holds property owners and occupiers responsible for any injuries suffered while on their property.

Just as property owners must maintain safe premises and warn visitors of any potential hazards, they must also take steps to prevent foreseeable losses should an accident occur. When they fail to do so, they can be held liable for any resulting injuries.

In Florida, the damages that may be sought in a premises liability claim include compensation for medical bills, lost wages, pain and suffering, and wrongful death. In addition, punitive damages may also be available in certain cases to punish the party responsible for the injury or loss caused by their negligence.

What Kinds of Damages Am I Eligible for In a Premise Liability Claim in Florida?

Okay, so you know the legal definition of a Premises Liability claim in Florida and the standard of care that needs to be met. But what kind of Damages are you eligible for in a premises liability claim in Florida?

Generally speaking, there are three types of Damages you can potentially receive:

  • Compensatory Damages - these are meant to make up for any losses due to your injury and include medical expenses, lost wages, future medical expenses, pain, and suffering;
  • Punitive Damages - these are rarely awarded because they are intended to punish the person responsible for your injuries;
  • Special Damages - these include things like property damages or loss of consortium due to your injury.
What Are the Elements of a Premises Liability Claim in Florida?

Understanding the elements of a premises liability claim in Florida is essential to file a successful claim. The most important thing to know is that you must show that the property owner had a "duty of care" toward you, which means they were responsible for ensuring your safety while on their property.

You must also prove that the property owner failed in their duty of care, either by failing to maintain the property or by failing to warn of potential dangers. Additionally, you will need to show how their negligence directly impacted you, causing your injury or other damages.

To make your case as strong as possible, document every detail from the scene and remember to also keep all relevant medical records and records of any lost wages due to your injury. This will be very helpful in establishing both damages and faults for your premises liability claim.

Who Is Responsible for My Injuries When Filing a Premises Liability Claim in Florida?

When filing a premises liability claim in Florida, you'll want to know who is responsible. The answer is that it depends on who owns the property and what type of danger caused your injury.

Property Owners
If you were injured on someone else's property, the property owner may be responsible for your damages. This applies even if the property owner was not aware of the hazard or danger; if they should have been aware, they can still be held liable.

Occupiers of Property
An occupier of property can also be held liable if they should have anticipated a certain level of safety and security but did not provide it due to their negligence. For example, a store can be held liable if they do not properly clean up fluid spilled in an aisle or do not provide adequate security measures in their parking lot.

It is important to remember that under Florida law, an occupier (like a tenant) of property may be held as having a greater responsibility than the property owner regarding premises liability liabilities claims. For this reason, it is important to consider who owns or occupies the property where your injury occurred before filing a premises liability claim in Florida.

What Can I Expect During a Premises Liability Case?

Knowing what to expect is important if you've decided to file a premises liability claim in Florida. Here are just a few of the things you should keep in mind when filing a premises liability claim:

Legal Standards
Your case must meet certain legal standards before it is successful. These standards include proving that the owner was negligent and that his actions or inaction caused your injury. You'll also need to prove that these actions were foreseeable in light of their duty of care towards you as a potential visitor on their property.

Deadline for Filing
In some cases, there is a strict deadline for filing a premises liability claim—in Florida, the statute of limitations is two years. It's important to file sooner rather than later if you want to maximize your chances of success—if you wait too long, your case will not be accepted by the courts.

Evidence Collection
You should ensure you have collected all relevant evidence before filing your claim—this may include photographs, witness statements, and medical documents supporting your injuries. Of course, an experienced attorney can also help guide and advise you on what kinds of evidence are necessary for success in court.

By understanding what to expect as part of the premises liability claims filing process in Florida, you can confidently approach it and take action as soon as possible after an injury has occurred on someone else's property.

What Are the Different Types of Premises Liability Claims?

When considering filing a premises liability claim, it's important to know the different types of claims that can be made. Generally, premises liability claims fall into three categories: slip and falls, negligence, and hazardous conditions.

First, there are slips and falls. This type of claim is easy to understand—if you slip and fall due to poor maintenance or hazardous conditions on someone else's property, they may be liable. This could include an uneven floorboard causing a person to trip or an icy sidewalk that hasn't been salted.

Next is negligence. This type of claim occurs when a property owner fails to act with reasonable care to keep people reasonably safe from dangerous conditions on their property. An example would be if someone allowed objects like cords, furniture pieces, or toys to be in walkways where people could get hurt by tripping over them.

Finally, there are hazardous conditions claims. This includes cases where a person has suffered harm due to unsafe conditions like broken stairs or faulty wiring that posed an unreasonable risk of harm on the property.

When it comes to premises liability claims in Florida, it's important to understand these different types so you can determine which one applies in your case and get the compensation you deserve.

Is Premises Liability the Same as Negligence?

Many people mistakenly believe that premises liability and negligence are the same things. While they are related, there is a crucial difference between the two. Negligence is a legal term when someone has breached their legal duty of care to another person, either through inaction or by taking an action that caused harm. Premises liability is when someone is deemed liable for injuries caused to another person due to dangerous or hazardous conditions on their property.

To file a successful premises liability claim in Florida, you must prove that the property owner was negligent in providing safety for visitors and this negligence caused the injury you sustained.

In other words, you must show that the property owner knew of any dangerous conditions or should have reasonably known about them but failed to warn people or fix them. Furthermore, you must establish that your injury directly resulted from this negligence.

What is an Attractive Nuisance?

You might not know that the concept of an "attractive nuisance" is important regarding premises liability. An attractive nuisance is an object or structure likely to attract children onto another person's property, which is dangerous to them.

Examples of an attractive nuisance include:

  • Swimming pools
  • Construction sites
  • Abandoned buildings
  • Equipment like trampolines, playgrounds, and treehouses
  • Animals (like a dog)

The law in Florida states that property owners have a duty to take reasonable measures to protect children from any harm that might be caused by one of these attractive nuisances. That means they have to either protect the child from coming into contact with the attractive nuisance or they'll need to remove it from their property altogether. Not doing so could make them liable if you suffer an injury.

How to Calculate the Compensation for a Premises Liability Claim in Florida

If you've been injured on someone else's property and want to file a premises liability claim in Florida, it's important to know how much you can expect to receive in compensation. The amount of compensation available varies depending on the type and severity of the injury, any wages lost due to the injury, and any medical costs associated with the injury.

You should also know that Florida is a "comparative negligence" state. If your actions contributed to your injuries, you may receive reduced damages from the responsible party.

Damage Caps
In addition, some types of damages may be capped in particular circumstances.

It's important to remember that premises liability laws can be complex and vary from state to state. To receive appropriate compensation for your injuries, it is wise to speak with an experienced premises liability attorney immediately after your accident.

When Should I Contact an Attorney if I or a Loved One is Injured on Public or Private Property?

It's important to contact an attorney right away if you or a loved one has been injured on public or private property. The sooner you do, the better your chances of recovering compensation and protecting your rights.

Your attorney will:

  • Investigate your claim
  • Gather evidence and testimony in support of your case
  • Determine which legal strategies would be most effective in obtaining compensation for your injuries
  • Negotiate with the responsible party
  • File a lawsuit if necessary

You may not need to go to court. However, depending on the details of the accident, an attorney can ensure that all responsible parties are held liable for any damages you've suffered. If a lawsuit is necessary, an experienced premises liability attorney can represent you in court and present a strong case on your behalf.

What Legal Protections Do I Have When Filing a Premises Liability Claim in Florida?

When filing a premises liability claim in Florida, you have legal protections to help you pursue justice. Here is a look at the legal protections you have when filing a premises liability claim in Florida:

Statute of Limitations
Florida has set a statute of limitations for premises liability claims. If you have been injured on someone else's property and are looking to pursue legal recourse, you must file your claim within two years of the injury. Failure to do so could result in the court dismissing your case.

Negligence and Liability
For your premises liability claim to succeed, you must prove that the person or entity responsible for the property was negligent in their duty to maintain safety on their premises and that this negligence caused your injuries. You also need to demonstrate that hazardous conditions on the property led to your injury.

Comparative Negligence
Comparative negligence is important when filing a premises liability claim in Florida, as it affects how much compensation you can receive. In particular, if it can be shown that you may have been partially at fault for the incident, then any damages awarded may be reduced accordingly.

To maximize the potential of receiving full compensation, providing evidence demonstrating that the other party was solely responsible for injuries sustained is important.

What Can I Expect if I Decide to File a Premises Liability Lawsuit with an Attorney?

If you've decided to pursue a premises liability lawsuit, you've probably already discussed your case with an attorney, and they agreed to take it on. But what happens next?

Initial Steps
Your lawyer will likely first investigate the facts surrounding your case, including gathering evidence and researching Florida's applicable statutes and laws. Depending on the complexity of your case, there might be additional steps, such as interviewing witnesses or having experts evaluate evidence. Your attorney will stay in contact with you every step of the way—and you'll know what to expect next.

Negotiating a Settlement
After all relevant information has been gathered, entering negotiations and attempting to settle with the party allegedly responsible for your injury may be possible. If this is possible and successful, then you may be able to avoid going to trial altogether. However, if an agreement cannot be reached, then your lawyer can advise you on how to proceed—which may involve taking your case before a jury in the trial court.

When filing a premises liability claim in Florida with an attorney by your side, you can expect to have someone who understands the entire process from start to finish working hard on your behalf—to get you fair compensation for all damages incurred due to someone else's negligence.

Contact Frankl Kominsky Injury Lawyers - Premises Liability Lawyers Serving Wellington

When dealing with a premises liability case, getting help from an experienced attorney can make all the difference. That's why contacting the team at Frankl Kominsky Injury Lawyers premises liability lawyers serving Wellington is important. They are well-versed in the laws that govern premises liability cases in Florida and can provide valuable legal advice and representation.

At Frankl Kominsky Injury Lawyers, we provide our clients with top-notch legal services to ensure the best possible outcome for their situation. We understand that filing a premises liability claim can be complex and stressful, which is why we are here to answer your questions and guide you through the process from start to finish. We aim to ensure your rights are protected and you get the compensation you deserve.

We have handled countless premises liability cases, ranging from slip-and-falls to dog bites. So whatever situation you find yourself in, we've got your back. We offer free consultations so that you can understand what steps need to be taken before filing a claim. The team is available by phone at (561) 800-8000 or online via our contact form 24/7, so don't hesitate to reach out anytime!

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