A premises liability claim is based on an injury that occurs on another person’s property. These injuries can involve falls, contact with dangerous substances, or even criminal acts. What matters in premises liability cases is whether the property owner or occupier took reasonable steps to avoid an accident.
A skilled personal injury lawyer could handle every aspect of your premises liability case. From start to finish, having an experienced attorney working on your behalf could help you maximize your financial recovery. Schedule a meeting with a Trinity premises liability lawyer at Perenich Law Injury Attorneys to discuss your legal options. We are a team of 3 Brothers Helping Others seek justice.
How Does “Premises Liability” Law Work in Florida?
Like most other types of personal injury claims in Trinity, premises liability lawsuits are typically built around the legal theory of “negligence.” In brief, someone is “negligent”—and can be made to pay for damages based on that negligence—if they directly cause someone else to suffer an otherwise avoidable injury by doing something reckless or careless in violation of a “duty of care” owed to the injured person.
The main difference between premises liability cases and other kinds of personal injury claims in Florida is that the exact “duty of care” a landowner owes to a visitor changes significantly depending on the visitor’s purpose for being on their land. Most notably, landowners in the Sunshine State typically owe no duty of care to illegal trespassers other than to avoid intentionally harming them.
Suppose a visitor is a “licensee” visiting mainly for their own benefit, such as a guest at a private house party. In that case, the landowner has a legal “duty” to inform that visitor about any dangerous conditions on their property that they—the landowner—already know about, as well as to fix hazardous conditions reasonably quickly after discovering them. If a visitor is an “invitee” visiting mainly for the landowner’s benefit—such as a retail store customer—the landowner has an additional duty to inspect their property regularly for new hazards they are not yet aware of.
Filing Deadlines for Premises Liability Lawsuits
One rule that premises liability claims share with other personal injury cases is the “statute of limitations,” which sets a time limit for how long an injured person has to file suit after initially sustaining harm. With very few exceptions, Florida Statutes § 95.11(4) gives people injured due to dangerous conditions on someone else’s property no more than two years to file a claim. Otherwise, they will likely be “time-barred” from ever getting compensation for that particular accident.
Types of Premises Liability Cases
Various circumstances could lead to a premises liability accident. These accidents could occur on the premises of a business, in a privately owned home, or on public property. In each case, financial compensation is only available when the property owner fails to take reasonable steps to prevent a visitor from being injured by a dangerous hazard.
These hazards come in different shapes and forms. Injuries in these cases can include electrocution, falls, or even illness caused by hazardous chemicals. A qualified Trinity premises liability attorney could handle a claim involving any of the following:
Slip and Fall Accidents
Slipping and falling is one of the most common causes of premises liability claims. Countless hazards could result in a fall, including spilled beverages or poor lighting. A property owner who fails to remove the danger or warn visitors of its presence could be liable for subsequent injuries.
Negligent Security
A property owner might also be at fault when a criminal act injures a visitor. Negligent security claims are viable when a property owner does not take reasonable steps to prevent crime or warn visitors of the higher likelihood of criminal activity in the area.
Animal Attacks
Dog bites and other animal attacks also make up a large number of premises liability cases each year. Dog owners can be responsible for the injuries their pets cause, especially when they are aware they may be dangerous or aggressive.
Potential Forms of Compensation for Injured Visitors
With the guidance of a seasoned premises liability lawyer in Trinity, it could be possible to recover various types of financial compensation. A successful injury lawsuit could provide payments for the following damages:
Lost Wages
Many people injured in premises liability accidents cannot return to work immediately. This can dramatically impact their ability to earn a living during their recovery. A successful lawsuit could help the injured party recoup those lost wages.
Medical Costs
Another option for injured visitors is to seek payments for the cost of their medical care. This could include treatment in the emergency room, physical therapy after the accident, or even future surgical procedures.
Pain and Suffering
Physical pain and suffering could also lead to financial compensation in a premises liability case. While these damages are subjective, it can be possible to establish their dollar value in a settlement or at trial.
What Should I Do After Getting Hurt on Someone Else’s Property?
There is no one-size-fits-all way to build a strong civil claim against a landowner who failed to reasonably protect you from harm since every case is unique, just like every person filing one is. That said, there are a few small things anyone injured in this way could do, which are likely to help them build a strong civil claim later on:
- Seek immediate medical care, even if the accident did not seem to have caused any serious injuries
- Take photos of the accident scene, including the hazard that caused the accident and anything else that may have contributed to causing it
- Get contact information from witnesses
- Make note of surveillance cameras which may have recorded the accident as it happened
- Be careful when speaking to insurance adjusters representing the property owner, and provide only factual information without accepting any initial settlement offers out of hand
One of the most important things you can do, though, is contact an experienced premises liability lawyer in Trinity who can ensure your lawsuit or settlement demand is as comprehensive and compelling as possible.
Talk to a Trinity Premises Liability Attorney Today
If a premises liability accident like a fall resulted in your physical injury, you might have a viable claim for damages. These cases can be challenging, but a diligent attorney could improve your chances of success.
A Trinity premises liability lawyer at Perenich Law Injury Attorneys could rely on their experience to help you get the best possible outcome in your case. Contact our firm today to set up an initial consultation with one of our well-practiced attorneys.
(727) 669-2828