Hollywood Premises Liability Lawyers
Harm can happen anywhere. People can slip and fall or get injured in a restaurant, store, amusement park, gym, or when visiting friends and family in a private home. What most people don’t realize is that the property owner has a duty of care to visitors and you may be eligible for compensation.
If you’ve been injured on someone else’s property, whether you’re dealing with a slip and fall, a dog bite, or an assault that occurred due to poor property maintenance, contact Flaxman Law Group for a free consultation to find out if you’re eligible for compensation.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property if that property has unsafe conditions. These hazardous conditions can include spills, old wiring, faulty security systems, inadequate lighting, unkempt walkways, or dangerous structures.
Under Florida premises liability law, property owners have a duty of care to maintain safe conditions, though the duty of care owed depends on the visitor’s status, such as whether they are a guest, a tenant, or a trespasser. In general, though, property owners are expected to take reasonable care to offer safe conditions for visitors. If a hazard cannot be fixed, property owners should post signs or otherwise warn visitors of the danger.
For example, a store owner must take reasonable steps to ensure that their store is free from hazards. This may include posting “wet floor” signs after cleaning floors and it may mean repairing cracked floor tiles that pose a tripping hazard. Similarly, landlords should address hazards, like faulty stairways or poor lighting, promptly so that no one is injured. If these property owners fail to take such reasonable action, they can be held liable if their negligence leads to an injury.
Types of Accidents Falling Under Premises Liability
Premises liability cases arise from various types of accidents. Since premises liability claims can occur in a wide range of circumstances, there are many types of accidents that can lead to this type of claim:
- Slip and fall accidents. Slip and fall accidents are among the most common types of premises liability claims. These accidents occur when someone slips, trips, or falls on a property due to unsafe conditions such as wet floors, uneven surfaces, or cluttered walkways.
- Construction site accidents. On busy construction sites, it’s crucial that site managers post safety signs and organize the site to prevent accidents. Construction site accidents are often premises liability accidents, with the owners of the site and the construction company often the liable party.
- Dog bites. Property owners are often responsible for ensuring that their pets don’t pose a danger to visitors. If a dog (or other pet) attacks or bites someone on the property, the owner can be held liable for any injuries caused. This is especially true if the owner was negligent and let the pet run free.
- Assaults. If an individual is assaulted because of inadequate lighting, lack of security personnel, or poorly designed entryways, the property owner may be responsible. This is especially relevant in cases involving apartment complexes, businesses, or public properties where a failure to secure the premises can lead to violent crimes.
- Nursing home abuse and neglect cases. Nursing homes are expected to take extra care to create a safe environment for residents and their visiting families. If you visit a nursing home and slip on water because the home didn’t clean up spills adequately, you may have a nursing home claim.
- Swimming pool accidents. If a property has a swimming pool, the owner has a duty to ensure that it is properly secured, which can include installing gates or fences around the pool to prevent unauthorized access. Even if a child trespasses into a private pool area, the property owner can be held liable if the area wasn’t currently secured.
- Falling object accidents. A common premises liability case involves accidents caused by falling objects. If an object, such as a sign, piece of equipment, or loose ceiling tile falls and injures someone, the property owner could be liable if the object was not properly secured.
- Exposure. Individuals who are exposed to hazardous substances like mold, asbestos, lead paint, or other toxic chemicals can hold a property owner liable in some cases. For example, landlords can be held liable if they don’t take care of their property or fail to warn tenants about a building’s dangers.
The two places where we spend the most time are at work and in the home. Can you have a premises liability claim if you’re injured in one of these spaces? Usually not, but it’s valuable to speak with premises liability lawyers in Hollywood, FL to get a full evaluation of your situation.
At home, you may not have a premises liability claim but you may have a products liability claim if an unsafe product, such as a home appliance, caused your injuries. In the workplace, you may have a workers’ compensation claim, which can help you secure benefits to pay for medical costs and replace part of your income.
If you’re injured, don’t assume you don’t have a claim. Get the facts. Contact Flaxman Law Group for a free consultation and we can explain whether you might have a claim, what that claim may be worth, and how you might go about securing any compensation you’re entitled to.
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Who Are the People Involved in a Premises Liability Claim?
In a premises liability claim, several parties may be involved, depending on the complexity of the situation. These parties can include:
- The property owner. The property owner is usually the primary party in a premises liability case. This can be an individual homeowner, a business owner, or a corporation. The owner is responsible for maintaining the property and is usually named as a defendant when a claim is filed.
- Other liable parties. Some claims may have multiple defendants. For example, if the property owner rented their property or had a property manager to take care of the property, those individuals or companies may be held partly liable if they were negligent.
- The injured party (you). The injured party is the individual who was harmed on the property due to unsafe conditions. The victim may be a guest, customer, tenant, worker, or other lawful visitor to the property. In some cases, trespassers can also file a premises liability claim.
- The family of the injured party. In traffic cases where someone dies due to unsafe conditions, the family of the person can file a wrongful death lawsuit to seek compensation for pain and suffering, funeral and burial costs, lost income support, and more. In Florida, it’s usually the spouse or dependent children who file this kind of claim. In addition, if it’s a child who’s injured in a premises liability claim, it will be their parents or guardians who will file the claim.
- Insurance companies. Property owners typically have liability insurance to cover injuries that occur on their premises. In many cases, the insurance company will handle the claim and negotiate settlement offers. If the insurer denies liability or offers an inadequate settlement, the case may go to trial.
- Attorneys. Attorneys help the injured party understand their legal rights, gather evidence, and pursue compensation. The at-fault parties and insurance companies also have their own attorneys.
As you can see, a premises liability claim can quickly become complex, involving a lot of communication between many parties. This is where working with premises liability lawyers in Hollywood, FL can help. Your attorney will be the one to communicate with the defendant’s attorneys, insurance companies, and others. Your lawyer will take care of all the details for you.
How Much Time Do I Have to File a Claim?
Most states have a statute of limitations that limits how long you have to file a premises liability claim. In most cases, the statute of limitations for personal injury claims in Florida is four years from the date of the injury. This means that you must file a lawsuit within four years of the incident or lose your right to seek compensation.
It’s important to act quickly after an injury because crucial evidence may deteriorate over time, such as surveillance footage or witness testimony. Additionally, early legal intervention can ensure that you meet all filing deadlines.
There are exceptions to the statute of limitations, such as when the injury was not immediately apparent. However, it’s always best to consult with an attorney as soon as possible after an accident to avoid missing any deadlines.
Is Duty of Care Applicable When It Comes to Premises Liability Claims?
Yes, duty of care is a key concept in premises liability cases. Duty of care refers to the legal obligation that property owners have to protect visitors from harm by maintaining a safe environment. The level of duty owed depends on the visitor’s status.
For example, a property owner owes the highest duty of care to invitees—people who enter the property for business purposes, such as customers at a store. The property owner must ensure that the property is free from hazards, regularly inspect the premises, and warn visitors about any dangers.
The duty owed to people who enter the property for social or recreational purposes is lower. Property owners must warn these visitors of known dangers but may not have to actively inspect the premises. Most trespassers, those who enter the property without permission, are owed the least duty of care. However, property owners are prohibited from intentionally harming trespassers.
The specific circumstances surrounding the accident will determine how much responsibility the property owner bears for the injury.
How Do I Prove That the Property Owner Is at Fault?
To file a successful claim, you must prove that the property owner was negligent. You may need to show that the property owner failed to maintain the property, did not repair hazards, or did not provide adequate warnings of potential dangers.
In some cases, it may be necessary to prove that the property owner knew or should have known about the dangerous condition. For example, if a property owner ignored repeated complaints about a broken gate that allowed a child to access a pool, they could be held liable for injuries caused by that negligence.
You can work with premises liability lawyers in Hollywood, FL, who can help you prove a property owner was negligent. Attorneys may get sworn testimony from witnesses who saw a property owner showing disregard for safety. Attorneys can also secure surveillance footage or records showing that a property wasn’t maintained regularly or showing that a dangerous condition was allowed to remain unaddressed for a long time.
It’s hard to prove negligence on your own because you have no way to pressure a property owner to hand over documents that show they’re at fault. Attorneys can use the legal process to get evidence you simply may not be able to secure any other way.
Factors that May Affect the Outcome of My Premises Liability Claim
The strength of your evidence is critical in determining the outcome of a claim. Physical evidence, such as photographs of the accident scene or damaged property, and witness testimony can make or break a case. Surveillance footage and expert opinions may also be valuable in proving negligence.
The severity of your injury can impact the compensation amount you may get. Serious injuries that require long-term medical care or cause permanent disability will likely result in higher compensation than minor injuries. The longer the recovery time and the greater the impact on your life, the more compensation may be awarded.
Your attorney will also play a big role in the outcome of your case. An experienced attorney may understand how to present your case in a compelling way and will have the negotiation skills and trial skills to seek fair compensation. Schedule your free consultation with Flaxman Law Group today to discuss how our experience could make a difference in your claim.
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