Florida Premises Liability Lawyer

What is Premises Liability?

Premises liability in Florida refers to the legal responsibility of property owners or occupiers for injuries and accidents on their premises. The concept is based on the idea that property owners must maintain their premises reasonably safe for visitors and guests.

Premises liability is a specific type of personal injury law that allows an injured person to hold a property owner responsible for injuries caused by a dangerous or defective property condition.

What Should I Do if I’ve Been Injured on Someone Else’s Property in Florida?

After your injury, it’s essential to take steps to protect your legal rights and your health.

Seek medical attention immediately to document your injury and ensure your long-term recovery is not impacted.
When possible, take pictures of the scene of your accident to document conditions like inadequate lighting, crumbling concrete, or a spill.
Get contact information from witnesses who can testify about your fall conditions. It would be best to inform the property owner of your accident.

Are All Florida Property Accidents Subject to Premises Liability?

No. Experiencing an accident on a business or personal premises owned by another person does not necessarily mean that premises liability applies.

For example, if employees mop the restaurant’s floors and adequately put up a wet floor sign, they protect themselves from premises liability. If a person deliberately ignores the wet floor sign and falls, they may not have grounds for a successful lawsuit.

Natural Conditions: Owners might not be liable for injuries caused by natural conditions (like trees, rocks, etc.) unless they have altered or known dangerous conditions that should have been addressed.
Open and Obvious Dangers: If the hazard is obvious (e.g., a visible puddle), the property owner might argue that the injured party should have noticed and avoided the danger.
Acts of God: Sudden, unforeseen natural events (like earthquakes or floods) might absolve the owner of liability if they had no reasonable way to prevent the harm.

Critical Elements of Premises Liability in Florida Include:

Florida Statue on Liability

Duty of Care: Property owners owe a duty of care to individuals who enter their property. The duty level depends on the visitor’s legal status, such as an invitee, licensee, or trespasser.
Invitee: Someone invited onto the property for the owner’s benefit (e.g., customers in a store).
Licensee: Someone who can enter the property for their purposes (e.g., social guests).
Trespasser: Someone who enters the property without permission.
Negligence: To establish a premises liability claim, the injured party must show that the property owner was negligent in maintaining the premises. Neglect may involve failing to address known hazards, warning about potential dangers, or taking reasonable steps to ensure the safety of visitors.
Causation: The dangerous condition on the property must directly cause the injuries suffered by the plaintiff.

Common Florida Premises Liability Cases

Slip and Fall Accidents: Slippery floors, uneven surfaces, and inadequate warnings can lead to devastating slip-and-fall accidents. Our lawyers investigate the conditions that caused your fall and work to prove negligence.

Dog Bites: You can file a claim when a dog attacks you on another party’s property. You are not even required to show that the dog was aggressive or that the owner acted recklessly or recklessly.

Inadequate Security: Property owners must provide adequate security to protect visitors from foreseeable harm, such as assaults, robberies, or other criminal activities. We assess the security measures and determine if negligence affected your injury.

Dangerous Property Conditions: From poorly maintained structures to hazardous conditions, our lawyers scrutinize the state of the property where your injury occurred.

Faulty Stairs and Railings: All properties should have secure and robust support for stairs and railings. When these structures lose their structural integrity, they increase the risk of fall accidents, which could lead to injuries like broken bones, traumatic brain injury, paralysis, and more.

Escalator and Elevator Accidents: These accidents often occur due to improper installation and poor maintenance. People sustain injuries when the elevators move too fast to stop or halt suddenly or when unsafe parts exist between the steps.

Overview of What Our Florida Premises Liability Lawyers Do:

Proving Liability

Our experienced Premises Liability lawyers specialize in establishing liability for property owners. We meticulously investigate the circumstances surrounding your injury to determine if the property owner or occupier failed to fulfill their duty of care.

Negotiating with Insurance Companies

Claim Preparation: Lawyers prepare and submit detailed claims to the property owner’s insurance company. They document all medical expenses, lost wages, pain and suffering, and other damages to support the victim’s claim fully.
Settlement Negotiations: Williams Law, P.A. will negotiate with insurance companies on behalf of the victim to secure a fair settlement. Insurance companies often try to minimize payouts, but experienced insurance claim lawyers assess all possible damages the client might be entitled to, including medical expenses, rehabilitation costs, lost income, pain and suffering, and future medical care.
Punitive Damages: In cases of gross negligence, we might seek punitive damages to punish the property owner and deter similar conduct.

Investigating the Incident

Case Evaluation: Our Florida premises liability lawyers begin by evaluating the case details to determine if there’s a valid claim. We assess the circumstances under which the injury occurred, the severity of the injury, and whether negligence on the part of the property owner can be established.
Evidence Collection: We gather crucial evidence, including photographs of the accident scene, surveillance footage, witness statements, and incident reports. This helps build a strong case demonstrating the property owner’s failure to maintain a safe environment.

Litigation

Many premises liability cases are resolved through negotiations with the property owner’s insurance company. Our expert insurance claim lawyers are skilled negotiators who can advocate on your behalf and seek fair compensation for your injuries and damages.

Filing a Lawsuit: If a settlement cannot be reached, we will file a lawsuit on behalf of the injured party. This involves preparing legal documents, such as a complaint, and initiating the formal legal process.

Why Choose Williams Law, P.A. for Your Personal Injury or Premise Liability Case?

Our legal team has over 30 years of experience in insurance litigation and premises liability cases in Florida. We understand the nuances of state laws and use this knowledge to build solid points for our clients. Here’s what sets us apart

Proven Track Record: We have secured substantial settlements and verdicts for our clients in premises liability cases.
Personalized Attention: Every case is unique, and we treat it as such. We provide personalized legal strategies tailored to your specific circumstances.
No Fees Unless We Win: We work on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case.
Comprehensive Case Handling: From initial investigation to trial, we handle every aspect of your case, allowing you to focus on your recovery.

Contact Us Today

If you’ve been injured and need legal assistance, contact Williams Law, P.A. today to schedule your free consultation. Our experienced personal injury lawyers are here to provide you with the support and guidance you need. Call us at 1-800-451-6786 or fill out our online contact form.