Premises Liability Lawyers Serving Weston
If you live in Weston, Florida, then premises liability claims should be top of mind for you. As an individual, business owner, or property manager, it's important to understand the laws and regulations surrounding premises liability—because you need to protect yourself from potential legal issues if someone gets injured on your property.
The key question here is: what is premises liability exactly? Premises liability means that property owners have a duty to protect those who enter their space from hazards that could cause injury. This includes people walking in public spaces and visitors and customers of businesses or private residences.
For instance, if ice accumulates on a porch and causes someone to slip and fall, their injury may be grounds for a premises liability lawsuit against you. That's why it's critical to stay up-to-date on Florida premises liability law and get the protection you may need in the event of an accident on your property. Knowing how to navigate the legal process can help protect you from financial losses associated with such lawsuits.What Is the Difference Between Premises Liability and Slip and Fall in Florida?
When it comes to premises liability claims in Florida, understanding the difference between a slip and fall incident and premises liability is key.
A slip and fall incident is often used to describe when an individual slips, trips, or falls on the property of another due to negligence of the property owner or occupier. Premises liability is the legal responsibility of a landowner or occupant of a property for harm caused by the condition of their premises.
So, which applies in your scenario? Generally speaking, if you have suffered an injury on someone else's premises due to negligence—such as unaddressed dangerous conditions like wet floors, broken stairs, etc.—it typically falls under premises liability.
Alternatively, if you were injured due to an intentional act by the occupier—like throwing something down a flight of steps—it would typically be classified as a slip-and-fall incident.
Understanding this difference can be critical in determining who is liable for any injuries that occurred on their premises. That's why it's important to consult an experienced attorney who can help analyze your case and determine whether you may have cause to pursue a claim against the occupier or landowner responsible for your injury.What Is Considered a Hazardous Condition in A Florida Premises Liability Case?
When it comes to Florida premises liability, what is considered a hazardous condition? The answer depends on the details of your incident and the law, so it's best to consult an experienced Florida premises liability attorney. However, generally speaking, certain types of conditions could be considered hazardous:
Defective design and maintenance
If you were injured because the property owner did not perform regular maintenance or created an unsafe design for the premises, you may have a claim due to defective design and maintenance.
Inadequate warnings or signs
If you were unaware of unsafe conditions on the premises (e.g., floor mats that slide on a slippery floor), then inadequate warnings or signs may have played a role in your accident. You could be eligible for compensation due to inadequate warnings or signs.
Structural defects can also lead to injuries in Florida premises liability cases. For instance, if stairs are too steep or have a very narrow tread depth, they can pose a tripping hazard and result in serious injury. Structural defects like this could lead to an eligible claim in such an instance.
When considering a premises liability lawsuit in Florida, these are some hazardous conditions that could be considered when assessing potential claims. However, every case is different depending on individual circumstances, and questions should be discussed with an experienced attorney for advice on any premises liability lawsuit in Florida.What If I'm Partly at Fault in A Florida Premises Liability Case?
You may be wondering about how liability is determined in Florida. In many states, there's something called contributory negligence, which means that if you're even partially at fault in an accident, you won't be able to recover damages.
But Florida is a no-fault state—so you can still potentially recover damages even if you were partially at fault. Florida follows the rule of "comparative negligence," which means that your damages will be reduced by your percentage of fault in the accident or you could be barred from recovery if you are primarily responsible.Comparative Negligence
For example, if you slip and fall on a store's property and the court finds that store 75 percent at fault for not maintaining their property, but you are 25 percent responsible for looking where you were going, you can still recover 75 percent of the total damages from the court.
It's important to remember that comparative negligence isn't always applicable in premises liability cases. If a premises owner disregards your safety and rights, then comparative negligence may be tossed out or only slightly considered by the court.
It's also worth noting that this concept only applies to civil cases—meaning criminal cases such as assault or battery would not apply under comparative negligence law. Additionally, should a jury find that your actions were mainly responsible for an injury sustained on private property, then any claim would likely be dismissed entirely.Should I Accept a Cash Settlement from The Insurance Company Adjuster for My Premises Liability Injury?
You might be tempted to accept a cash settlement from the insurance adjuster for your premises liability injury. After all, it seems quick and easy—no hassle, no time-consuming court appearances, and no long waits. However, you should always speak to an experienced lawyer before accepting any settlement.
Here are a few things to consider before accepting any settlement:
- Liability: What evidence do you have that the defendant is liable? Is there enough evidence to prove your case in court? A good lawyer can help you determine whether you have a strong enough legal case for liability.
- Damages: Do you understand the full extent of your damages? Depending on state law, damages may include medical costs, lost wages from missed work, pain and suffering, and other losses. If available, underinsured motorist coverage may also come into play in a premises liability claim.
- Negotiation: Your lawyer can help negotiate a better settlement than what's offered by the adjuster—or even litigate your case in court if it comes to that—and make sure that you get the best outcome possible.
Now that you know a bit more about what constitutes a premises liability claim, you're probably wondering how long a hazard needs to be present in a property before the owner can be held liable.
Well, the answer varies from case to case. In Florida, the general statute of limitations for personal injury claims is two years from the date of injury. For example, if you slip and fall in 2020, you have until 2022 to file your case.
The point is this: filing an injury claim due to someone else's negligence isn't always cut and dry, so it's important to seek legal advice from an experienced lawyer who understands Florida's premises liability laws inside and out.
Your case may be impacted by other factors like workers' compensation benefits or Medicare/Medicaid, so having someone on your side who knows their way around these nuances is essential for getting what you deserve.Does Premises Liability Cover Assault in Florida?
You might find yourself wondering: Does premises liability cover assault in Florida? The short answer is it depends on the circumstances. This can be complicated, so let's take a look at the details.
The majority of premises liability claims are based on the theory of negligence. For an injured party to be successful in a negligence claim, they must show that the defendant, who has a duty to act with reasonable care, failed to do so and caused harm. However, when it comes to a claim for assault, there is no duty for a property owner to provide a safe environment from physical assaults by other people.
In Florida, premise liability claims for assault usually fall into two categories:
- Negligent failure to provide security: In this case, you must demonstrate that the owner knew or should have known that there was an unreasonable risk of harm from assaults or other criminal acts due to inadequate security measures (e.g., improper lighting).
- Negligent hiring/retention of employees: You must prove that the owner knew or should have known that an employee was not competent or unfit to work with customers/visitors and posed an unreasonable risk of harm due to their incompetence.
In both cases, you must show that the property owner acted negligently, and this negligence resulted in your injury. While these scenarios are possible and grounds for full or partial compensation in some cases, they're difficult cases and require precise evidence gathering and skilled legal representation. If you find yourself in one of these situations, contact an experienced premises liability attorney immediately!What Should I Do If I Have Been Injured at A Grocery Store in Florida?
If you have been injured at a grocery store in Florida, you should take the following steps to protect yourself and your rights.
- Seek medical attention for your injuries as soon as possible, even if they seem minimal. This will provide evidence to support your claim and help ensure that any injury-related costs are covered by the grocery store or its insurance provider.
- Take photographic evidence of the scene, including any hazardous conditions or objects that may have caused your injuries. This evidence will be vital in helping establish that the grocery store was negligent and could have prevented the accident from occurring.
- Make sure to get contact information (names, phone numbers, etc.) of potential witnesses to the incident so they can be contacted if needed during your claim process.
Contact an experienced personal injury lawyer familiar with premises liability cases in Florida to determine whether you have a valid claim against the grocery store and its owners/employees and to discuss other options that may be available under state law.
This is important as it involves complex legal issues such as statutes of limitations, shared liability, and other nuances unique to premises liability cases in Florida – all of which must be considered when bringing forth a claim for damages due to an injury sustained at a grocery store or other public business premises within state lines.What Is the Property Owner's Responsibility Under Premises Liability Law?
What is the property owner's responsibility? It's their responsibility to keep their property safe and free from conditions that could harm or injure you. Property owners must use "reasonable care" to fix known hazardous conditions and warn others about potential hazards.
You may be wondering what "reasonable care" means exactly. Well, it depends on the circumstances and the purpose of the visitor on the premises.
For example, if you visit a friend's home, they must maintain safe conditions but don't have to go out of their way to ensure it is free from all dangers, such as a slippery floor. If a store owner knows of a hazardous situation but fails to fix it, they can be held liable for any injuries sustained due to this negligence.
If you think you may have a case involving premises liability in Florida, here are some things you should know:
- Property owners are held responsible for all visitors on their grounds—including guests, customers, and trespassers
- Property owners must maintain reasonable security measures around their property
- Property owners must take reasonable steps to protect guests from foreseeable dangers or risks
- Property owners that fail to do so will be held liable for any injuries or damages caused by their negligence
Knowing what kinds of compensation you can receive in a premises liability claim is important. The amount of compensation you receive is based on your circumstance, but typically it can include the following:
- Pain and Suffering – Compensation for any physical or mental trauma due to the injury.
- Medical Expenses – Reimbursement for hospital bills, doctor visits, medication, and other related medical expenses.
- Lost Wages – Payment for income lost due to an inability to work resulting from the injury sustained on the premises.
- Reduced Earning Capacity - Payment for adjustments must be made to adjust for reduced income due to physical limitations caused by the injury.
- Replacement/Repair/Property Loss - Reimbursement for any property damaged as a result of the incident, such as damaged clothing, vehicles, or furniture that needs replacing or repairing.
These damages are paid through a settlement or court judgment, depending on how your case resolves itself after filing a claim. You'll want to confer with your lawyer so you know what kind of compensation you may be entitled to collect if your case is successfulWhat Happens When I Go to Court for A Premises Liability Case in Florida?
There are a few things you should know when it comes to going to court for a premises liability case in Florida. For starters, you need to be aware of the state's statutes and their limitations on filing a lawsuit. For example, in Florida, you have two years from the date of your incident to file any civil or personal injury claim in court, and if you wait past the deadline, your claim can no longer be considered valid.
The court process for premises liability cases in Florida can also vary greatly depending on if the judge recommends mediation or a trial by jury.
If your case goes to mediation, both sides will agree to attempt to reach an out-of-court settlement with the help of an impartial mediator. This process is typically confidential and less expensive than courtroom litigation.
Trial by Jury
Conversely, if your case goes to trial, you may have your case heard by a jury of 6-12 members who will ultimately decide any damages or compensation owed based on the evidence presented by both parties legal teams.
It's important that you have properly documented all relevant information about your accident before going to court to have support when making assertions in front of a jury or mediator. An experienced legal team can help guide you through this process should any difficulties arise.Contact a Frankl Kominsky Injury Lawyers, Premises Liability Lawyer Serving Weston
Premises liability claims can be complicated and stressful. It pays to work with an experienced lawyer who knows the ins and outs of Florida liability law to give yourself the best chance of a favorable outcome.
At Frankl Kominsky Injury Lawyers, our team of premises liability lawyers serve the Weston area. We have in-depth knowledge of Florida liability laws, having represented hundreds of successful clients, resulting in millions of dollars in settlements or judgments. Our experienced, aggressive lawyers get results—no matter how complicated or challenging your case may be.
Our attorneys at Frankl Kominsky Injury Lawyers have extensive experience representing clients in premises liability claims and will fight to protect your rights while providing you with a personalized legal strategy that meets all your needs. With our commitment to excellence, you can rest assured that we will provide you with the best legal advice possible to get the outcome you deserve. Reach out to us at (561) 800-8000.