Coral Springs Premises Liability Attorney

Injured on Someone Else’s Property in Coral Springs? You Might Have a Case!

We’ve all had those moments of clumsiness that result in us landing on the floor with a thud. Often, we are more embarrassed than we are injured. But what if it wasn’t your carelessness at all? What if there was a slick spot on the floor that you didn’t see or a tear in the carpet that caught your foot? And what if you were seriously hurt? Our Coral Springs premises liability attorney has the knowledge and experience to assess your situation and determine whether you have a claim.

When a business or property owner fails to maintain a safe environment for visitors and someone is injured, they can—and should—be held liable for their negligence. If you think your injury resulted from property owner negligence, you may have a premises liability claim. 

Quick Summary: 

  • Premises liability refers to the property owner’s legal responsibility to maintain a safe environment for visitors or guests.
  • Different types of visitors (invitees, licensees, trespassers) have varying levels of protection under Florida law.
  • Various types of premises liability claims include slip and fall injuries, inadequate security, elevator/escalator accidents, dog bites, swimming pool accidents, and toxic exposure.
  • Parties potentially liable for premises liability include business owners, employees, homeowners, landlords, and maintenance companies.
  • To establish negligence in a premises liability claim, you must prove the property owner knew or should have known about the hazard, failed to address it, and that the hazard caused your injury.
  • Damages in premises liability cases may include medical expenses, pain and suffering, lost wages, property damage, and punitive damages.
  • Florida has a statute of limitations for filing premises liability claims, typically four years from the date of the accident.

Uncertain about your rights if injured on someone else’s property? Feeling confused about “premises liability”? This article explains what it means and gives you the information you need to know to stay safe and understand what to do if you have an accident.

What Do I Need To Know About Premises Liability?

Premises liability refers to the legal responsibility of property owners or occupiers to ensure that their premises are reasonably safe for visitors or guests. If you get hurt at someone else’s place because they didn’t take care of it properly or didn’t warn you about any dangers, they might be responsible for what happened to you. 

Property owners need to keep their places safe and let visitors know about any hazards to avoid accidents. If they don’t, and someone gets hurt, they might have to pay for the damages.

 Are There Different Types of Property Visitors? 

In Florida, there are three types of visitors when it comes to accidents on someone’s property: invitees, licensees, and trespassers. These groups decide how much the owner needs to take care of them.  Depending on which category you fall into, the responsibility for an accident changes based on what can be proven. Here’s how it works:

  • Invitee: These are people who are invited onto someone’s property for business reasons or because the owner invited them. Owners have to be careful with invitees, making sure the place is safe and warning them about any dangers.
  • Licensee: Licensees are those who come onto the property with permission, like friends or neighbors visiting your house. Owners still need to keep the place safe and fix any hazards.
  • Trespassers: These are people who go onto the property without permission. If a trespasser gets hurt while under the influence of drugs or alcohol, the owner might not be responsible. 

Whether you’re an invitee, licensee, or trespasser affects what happens in your case. Premises liability is a bit tricky, so it’s a good idea to talk to legal professionals who know about Florida’s rules if you’re not sure what applies to your situation.

What are the Types of Premises Liability Claims?

While slip and fall are the most common premises liability claim, there are other ways people can be injured because of a property owner’s negligence. Here are a few examples: 

Slip and Fall Injury Cases

Slips and falls can be caused by spilled liquids or floor wax while trips and falls may be caused by wires and cords, torn carpeting, or loose railings. Falls can cause serious injuries, including broken bones, brain injuries, and back problems, requiring expensive treatment that you should not have to pay for.

Inadequate Building Security

If poor lighting, lack of security guards, or malfunctioning security cameras lead to injury or assault, you may have a premises liability claim.

Elevator and Escalator Accidents

When owners fail to properly maintain or repair elevators or escalators, malfunctions that cause injuries are their responsibility.

Dog Bite Injuries 

As a strict liability state, dog owners can be held responsible when their dogs bite someone, even if it’s the first incidence of aggression. Children are particularly vulnerable to dog bites, and their injuries can be serious. Often, if you or a child are injured by a dog bite, the homeowner’s insurance policy will pay for your damages.

Swimming Pool Accidents 

Pool owners are required to keep pools secured from uninvited guests—particularly children—and to maintain a safe pool deck, diving board, water quality, etc., to prevent accidents among invitees.

Amusement Park Accidents

Were you injured at a tourist attraction in Florida? You will be up against a team of defense attorneys, so you will need a lawyer on your side as soon as possible.

Toxic Fumes or Chemicals

If you suffer respiratory distress, skin burns, or other effects of toxic chemicals on someone else’s property, you may have a cause for legal action.

Knowing about different types of premises liability claims helps you figure out what you can do legally if you get hurt because someone didn’t take care of their property. 

If I was Hurt, Who is Liable For My Injuries and Financial Losses?

Whether on private or public property, premises liability could fall on the shoulders of one or many parties. Parties that you may hold accountable could include:

  • Business owners
  • Employees
  • Homeowners
  • Independent contractors
  • Landlords
  • Maintenance and repair companies
  • Property managers
  • Other liable parties

The property owner is usually the one who’s responsible for what happens in premises liability cases because they’re in charge of keeping their place safe. Even if they ask someone else, like an employee, to fix a problem and it doesn’t get done, they’re still the ones who might have to pay if you get hurt.

How Do I Know If I Have a Premises Liability Claim Due To Negligence in Florida?

You may have a premises liability claim due to negligence if you were injured on someone else’s property because the property owner or occupier failed to maintain a safe environment or failed to warn you about known hazards. To prove a premises liability claim, the following must be established:

  • The property owner knew or should have known about the hazard.
  • The property owner failed to fix the hazard or give a warning about it.
  • The plaintiff (you) was injured because of the hazard.

To demonstrate negligence, here are some key factors to consider:

  • Duty of Care: The property owner or occupier owes a duty of care to ensure their premises are reasonably safe for visitors. This duty includes maintaining the property in a safe condition and warning visitors about any hazards that may not be obvious.
  • Breach of Duty: You must demonstrate that the property owner or occupier failed to uphold their duty of care. This could include actions such as failing to repair a broken staircase, failing to clean up spills, or failing to provide adequate security measures.
  • Causation: You need to establish that the property owner’s negligence directly caused your injury. In other words, if it wasn’t for the dangerous conditions on the property, you wouldn’t have been injured.
  • Damages: You must have suffered damages as a result of the injury. This could include medical expenses, lost wages, pain and suffering, and other related costs.

It will also be important to establish why you were on the property. If you were a customer, invited social guest, salesperson, contractor, technician, or delivery person, the property owner is obligated to provide a safe environment. If you were a trespasser, you are likely not owed a duty of care, unless you are a child. 

What Damages Can I Receive if I Filed a Claim?

If you get hurt because the person who owns the place didn’t take care of it properly, you might be able to get financial compensation to make up for what happened. Here are some things you could get compensated for:

  • Medical Expenses
  • Pain and Suffering
  • Lost Wage
  • Loss of Earning Capacity
  • Property Damage
  • Loss of Consortium
  • Punitive Damages

It’s worth mentioning that the types and amount of damages you might get in a premises liability case can change depending on what happened to you, how bad your injuries are, and the laws in Florida. 

Is There a Deadline for Filing a Premises Liability Claim? 

Yes, in Florida, there’s a deadline called the statute of limitations for filing a premises liability claim. Usually, you have four years from when the accident happened to file a claim. But it’s important to know that there can be special rules depending on the situation. For example, if the accident involves the government or if the person hurt is under 18 years old, the deadline might be different.

It’s important to seek legal guidance about these rules as soon as possible after the accident. It can help you understand what you need to do and make sure you don’t miss any deadlines. If you wait too long, you might not be able to get compensation for your injuries.

Why Do I Need a Premises Liability Lawyer in Florida?

If you got hurt on someone’s property in Florida, you don’t have to deal with the legal matters by yourself. Here’s why having a Coral Springs premises liability attorney is important for getting the compensation you deserve and making sure your rights are protected.

  • Navigating Florida’s premises liability laws 
  • Investigating the case
  • Gathering evidence and proving negligence
  • Negotiating a fair settlement with insurance companies
  • Determining maximum compensation 
  • Ensuring timely submission of your claim

Getting help from a good premises liability lawyer in Florida can make a big difference in how your case turns out. They know all about the laws and can help you navigate through everything. With their help, you’re more likely to get a good result in your case.

Call Our Coral Springs Premises Liability Attorney Now!

Getting hurt because of premises liability can be tough. It can affect you physically, emotionally, and financially. We get how hard it can be, and we’re here to help you through it. Our Coral Springs premises liability attorneys at the Law Office of Andrew G. Rosenberg, P.A.  are dedicated to standing up for your rights and making sure you get the compensation you should. 

At the Law Office of Andrew G. Rosenberg, P.A., we can assist you with various personal injury claims such as car accidents & defective product claims, and estate planning matters

You shouldn’t have to settle for less than what’s right. Talk to our experienced attorneys for free today, and let us stand up for you.

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