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Seeking Justice for Personal Injury Victims in Premises Liability Accidents

When you incur injuries on someone else’s property, you may be entitled to compensation from the owner if a negligent act or failure to act resulted in your injury. Premises liability claims are designed to hold residential or commercial landowners, business owners, property managers, or lessees accountable for injuries and damages from unsafe environments. A premises liability lawsuit is based on a theory of negligence and governed under Florida Statute, Chapter 768. The elements of these claims must prove that the responsible party failed to use reasonable care to ensure that a property was safe.

Elements of a Premises Liability Case

In premises liability claims, a plaintiff must have evidentiary proof that an unsafe condition was foreseeable. Furthermore, the defendant had actual or constructive knowledge of the dangerous condition and failed to post adequate warnings or make repairs. The unsafe condition must be a substantial factor in causing injuries, damages, or death. However, if the injured party’s actions contributed to the accident, it may reduce the recovery or prevent compensation in its entirety. 

Examples of Premises Liability Claims

Common premises liability claims are injuries and damages sustained from:

  • falls
  • uneven flooring
  • dog bites 
  • broken sidewalks
  • inadequate lighting
  • debris or clutter
  • broken handrails
  • toxic chemicals
  • drowning
  • negligent security

Premises liability accidents can occur in private homes, commercial properties, public venues, airports, schools, apartment complexes, hotels, construction sites, and places of employment.

A property owner, manager, or lessee is not liable for injuries or damages of a person attempting or committing a felony on a property. There may be immunity from liability for a property owner if a trespasser is under the influence of alcohol or drugs to the extent that their normal faculties are impaired.

Important Questions to Consider for Premises Liability Cases:

  • When and how did the accident occur?
  • Is the injured victim a minor child?
  • Were any warning signs posted about the condition or defect?
  • Were you a guest, an employee, or a trespasser on the property?
  • Does the victim have any pre-existing medical conditions?
  • Did the injury occur during the commission of a crime?
  • Was the victim under the influence of alcohol, drugs, or prescription medications?
  • Is the case within the Statute of Limitations?
  • What injuries were incurred because of the accident?

Florida Created “The Attractive Nuisance Doctrine” to Protect Children

Due to an innate curiosity, children are attracted to objects such as swimming pools, trampolines, piles of sand or lumber, empty appliances, abandoned buildings, or construction equipment. Children are unable to appreciate the risk imposed by their actions. Therefore, a property owner is liable for injuries for items on the property that may pose a safety risk, even if the children are trespassing with no express or implied consent.

We are Passionate About Fighting for Justice

Our legal team provides a prompt and thorough investigation of premises liability cases by securing evidence such as photographs, medical reports, law enforcement reports, property incident reports, and interviewing witnesses. To assist with our investigation, we have built relationships with well-respected experts in various disciplines, such as engineers, medical personnel, architects, accountants, and financial analysts.  We understand the financial, physical, and emotional challenges of debilitating injuries and their long-term effects.

How Can a Florida Personal Injury Attorney Help?

Premises liability claims are generally negotiated through insurance companies. Insurers will fight to reduce the value of a victim’s claim. Claims can have more than one liable party, which adds to the complexities of the legal process. In addition, property owners may attempt to place the blame on the victim. Therefore, it is crucial to have an experienced law firm on your side to pursue compensation on your behalf aggressively. The lawyers at Orlando Accident Attorney are always ready to fight for the best possible outcome. Our law firm is nationally recognized for our dedication to our clients and proven results in personal injury cases.

Contact us about your Premises Liability Case

If you have suffered injuries, damages, or have lost a loved one through the unsafe or defective conditions on another’s property, call Orlando Accident Attorney at (407) 706-3909. Our law office is located in Winter Park, Florida, and we represent clients for premises liability claims throughout Florida.