FLORIDA PREMISES LIABILITY ACCIDENTS
Florida premises liability laws creates a duty for property owners and their renters to provide a safe environment. The purpose for creating this duty is to create liability for the property owners, renters, and business so they help prevent unnecessary injuries to the unsuspecting public. If you’ve been seriously injured on somebody else’s property, you are probably wondering if you have an actionable negligence case. That’s why it’s important to contact an experienced and reputable Florida premises liability attorney, as soon as possible after your accident, to discuss your legal remedies.
Do I Have a Case?
Premises liability is an umbrella term for many types of actions against property owners and renters. Some examples of premises liability cases are:
- Slip and Falls
- Dog Bites and Animal Attacks
- Elevator and Escalator Accidents
- Swimming Pool Accidents
- Assaults Caused By Lack of Security
- Toxic Chemicals
- Unsafe Amusement Parks
- Construction Accidents
What Proof Is Needed For A Premises Liability Case?
The first thing you need to prove is that the accident happened. That’s why it’s so important to take photographs of the scene, to submit a written report of the accident as soon as possible. It’s also important to request a copy of any written reported, especially if you signed the report.
If you are seriously injured, it’s a good idea to call an ambulance to take you to the emergency room for a medical evaluation. Not only will that ensure you are treated for any injuries, but the ambulance report is evidence as to the time and place of the accident.
Property Owner’s Lie
It’s quite common for property owners and renters to completely deny that anything happened at all.
NOTE: Some businesses will pretend that no accident happened just to avoid compensating injured people!
Once you’ve established that the accident happened on the property, it’s necessary to prove the following elements to be successful with a premises liability case:
- Who had ownership and/or control of the property;
- Whether the claimant was legally on the property, (with an exception for children that trespass due to an “attractive nuisance” such as a swimming pool);
- The person or entity with ownership and/or control has reasonable actual or implied notice and failed to correct the dangerous condition;
- Causation is critical. In other words, you have to prove that the accident caused the injuries;
- The extent of the damages for the injuries such as medical expenses, lost earnings, pain and suffering and mental anguish.
Unless every element of the claim is proven, the case can be dismissed. Some claims are well known, such as slip and falls and dog bites, but there are many less-familiar claims available. You just need the help of an experienced Florida premises liability lawyer to know how to get your compensation.
For example, if you’re injured in a bar fight, you may have a claim against the bar for failing to provide enough bouncers to break up fights or that the bouncers employed were not properly trained. But the bar could also be liable for hiring bad employees too.
Another example, if you injured by an attacker in a staircase or elevator at a business or apartment building, you may be able to collect compensation based on the building’s failure to provide adequate security. That’s why it’s important to contact an experienced and reputable Florida premises liability attorney as soon as possible after your accident.
Premises Liability Law
Premises liability is based mostly on case law, but Florida also has premises liability statutes you should be aware of.
For example, you must prove that a commercial establishment had “actual or constructive notice” of a spilled liquid to win on slip and fall case. This law protects businesses against claimants that are injured when the business has no control over the dangerous condition.
One such case occurs when there is no way a business can prevent a patron from spilling something on the floor immediately before somebody falls. So, in such cases, the business should not be liable for the injuries sustained.
This means that under Florida law it is necessary to prove that either somebody complained to management or an employee about the liquid on the floor, or that the liquid was on the floor for a long enough time that the store should have been aware of it.
What is the Value of Your Case?
Premises liability cases are challenging to value because it is very difficult to prove all the legal elements required for litigation. Most slip and falls cases are settled out of court. These settlements generally account for both the severity of the injuries, and strength of the evidence of negligence. In other words, businesses make a cost benefit analysis to determine if they should pay and how much.
For example, somebody injured by slipping on liquid on the floor may receive a substantial settlement offer even though the evidence of constructive or actual notice is weak. If the evidence of negligence is weak, or there is evidence that the injured person was partially responsible, it’s unlikely you’ll receive the “full value” of your injuries compared to a friend that sustained similar injuries as a passenger in a car accident.
That’s why it’s important to consult with an experienced and reputable Florida premises liability attorney that will honestly assess your case and give you sound advice.
Unfortunately, many claimants with very serious injuries are not able to collect the full value due to insufficient insurance coverage. Inexperienced lawyers also leave money on the table. May be they are interested in quick settlement or they don’t know how to extract that value from presenting your case to a jury. In either case, you shouldn’t have to settle for less than justice demands!
An experienced and ethical attorney will only promise to work their hardest to get you the best settlement or verdict possible.
I have helped thousands of clients get there best results. I can help you too. Contact me with any questions you may have. The call is always Free.