slip and fall

Premises liability holds homeowners, business owners, landowners, property managers, and tenants accountable for any injuries a person may receive due to safety hazards on a property. You may be entitled to compensation if you are harmed due to a property owner’s negligence. Proving a premises liability claim is complicated. It is in your best interest to have experienced legal counsel investigate and present evidence that a property owner or manager was negligent. Florida Statute Chapter 768 governs premises liability claims and keeps property owners accountable for hazardous conditions on their property.

When is a Property Owner Liable?

Property owners must maintain their properties and ensure safe environments for visitors, customers, and guests. This responsibility also applies to tenants and other property residents who are not the owners. If a landowner or tenant was negligent in maintaining the property to avoid injuries or failed to notify visitors of potential hazards, an injured victim could receive compensation. However, property owners are not liable for injuries or damages that occur when someone commits a crime on the property or if the victim was under the influence of drugs or alcohol. Premises liability accidents may occur at private or public locations, such as businesses, homes, event venues, schools, apartment complexes, hotels, and construction sites.

Examples of Premises Liability Claims:

Negligent security

Business owners must adequately secure their location, such as having sufficient parking lot lighting, installing security cameras, and having security guards to help keep their businesses safe. If you were injured in an unsafe area outside of a property, you might be eligible to file a premises liability claim.

Slips and falls:

Slips and falls are the most common type of premises liability claim. Slip and fall accidents can cause serious injuries, including bone fractures, concussions, and brain damage. Over eight million people visit emergency rooms every year due to slip and fall accidents. Slip and fall accidents can be caused by the following:

● Uneven flooring

● Broken sidewalks

● Nonexistent or broken handrails

● Slippery floors

Inadequate property maintenance

Property owners, businesses, tenants, and landlords are responsible for maintaining their property, ensuring it is free from potential safety hazards. An injury caused by negligent maintenance of a facility can be grounds to file a premises liability claim. Examples include fallen tree limbs or other debris on a property, potholes, or failing to remove asbestos and carbon monoxide.

Dog attacks

Florida Statute 767.04 denotes that dog owners are responsible for injuries due to dog bites, regardless of whether the pet owner knew about the dog’s tendency for violent behavior. Dog bite attacks can cause severe and permanent injuries or disfigurement. Victims might be entitled to compensation to help cover the cost of hospital stays, surgeries, physical therapy, lost wages, and future earning capacity.

Filing a Premises Liability Claim

Premises liability claims are processed through the owner’s homeowner or business insurance. Insurance companies often want to negotiate to pay victims as little as possible for their injuries. In addition, property owners may attempt to blame the victim for improper behavior. A personal injury lawyer, such as those at the Orlando Accident Attorney, will collect evidence, photographs, medical reports, and other necessary documentation to help win your case and ensure you receive fair compensation for your injuries.

Important Questions to Consider for a Premises Liability Claim:

  • What was the hazardous condition on the property?
  • Was the property owner aware or should have been aware of the hazardous condition?
  • Was the victim lawfully on the party’s property?
  • Is the victim an adult or a minor?
  • Were there prior accident claims from other victims due to hazardous conditions on the property?
  • Were there any warning signs posted?
  • Were there witnesses to the accident?
  • What are the victim’s injuries and permanent disabilities?

Statute of Limitations

The Florida premises liability Statute of Limitations is the amount of time a victim has to file a lawsuit. If a victim fails to file a lawsuit before the deadline, they lose their right to bring the liable party to court. In Florida, the Statute of Limitations for damages due to an injury on someone’s property is four years after the date of the accident. However, if the accident results in the victim’s death, a legal beneficiary has only two years to file a negligence claim for wrongful death.

Contact the Orlando Accident Attorney for Premises Liability Claims

The lawyers at Orlando Accident Attorney are always ready to fight for the best possible outcome. We understand the financial, physical, and emotional challenges of debilitating injuries and their long-term effects. We are determined that you receive fair compensation for your injuries. Call us at 407-706-3909 to discuss your case.

Sources:

The 2021 Florida Statutes accessed March 2, 2022, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html.

The 2021 Florida Statutes accessed March 2, 2022, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.04.html.

“Slip & Fall Quick Facts” National Floor Safety Institute, accessed March 2, 2022, https://nfsi.org/nfsi-research/quick-facts/.

“Proving a Premises Liability Claim under Florida Law,” HG.org Legal Resources, accessed March 2, 2022, https://www.hg.org/legal-articles/proving-a-premises-liability-claim-under-florida-law-50426.