West Palm Beach Premise Liability Lawyers
Premises liability is the legal concept that arises when someone sustains an injury on another’s property due to unsafe or deficient conditions. When this type of incident occurs to you or someone you know, call a personal injury attorney right away to discuss your legal options.
As leading premises liability attorneys serving Florida, our goal is to pursue legal justice and compensation for those injured as a result of property owners observing their legal obligations. The person, business or entity responsible for an unsafe or hazardous premises should acknowledge, and be held accountable, for their oversight or intentional negligence.
Property owners in Florida have a duty to manage a safe and secure premises for all visitors. By law property owners must attend to any susceptible hazardous property conditions with a minimum of warning any visitors of any potential risks. A property owner is considered negligent under these considerations when they have failed to adhere to either of these two: 1. Failed to repair a known premises hazard, or 2. Failed to give notice to visitors of a known hazard properly.
To determine whether a property owner or manager is negligent in maintaining their property it must first be decided who was overseeing the property during the time of the incident. Secondly, a determination of whether the premise owners failed to act appropriately in warning visitors of foreseeable threats or risks.
Over time evidence from an accident scene may become less valuable for many reasons. Witnesses need to be questioned soon following a premise accident, so the memory of the events is depicted most clearly. Furthermore, it is favorable to examine the conditions of the scene of an accident promptly before anyone gaining access to the premise and possibly manipulating or removing any evidence.
In a premises negligence claim, a proper analysis of all eyewitness accounts and evidence must be conducted. Additionally, a premise liability lawyer will try to avoid scene and evidence contamination by sending out a spoliation notice. This notice will prevent any interference of evidence allowing for the greatest analysis of all available information painting the best picture of a premises liability case.
Property Owners Responsibilities
There are three different types of care a property owner must provide based on the designation of their guest. These three designations are:
- Invitees: This person, also known as a “business invitee,” is on a property for a specific purpose. In most instances, an invitee will exchange money for goods or services. Examples of an invitee are a shopper at a grocery store, or a contractor hired to provide a service on a property, where the invitee is granted permission to be on the premises. Premise owners of these guests are required to inspect their property for any potential hazards, fix any issues that may cause harm, and at a minimum provide warnings of any probable dangers.
- Licensees: This is a person who enters a property by the acknowledgment or request of a property owner or controller. Friends, family, and other socially related visitors to a property are considered a licensee. A licensee is not on the premises for any business-related purposes. Property owners for a licensee guest are liable only for the potential hazards or dangers they are aware of.
- Trespassers: This person has not been granted permission to enter a property by the property owner or controller. A property owner cannot create hazardous conditions in an attempt to harm or catch a trespasser. However, a property owner is under no obligation to fix dangerous conditions or provide any warnings to a trespasser.
Premise Liability Claims
Different examples of claims involving a premise liability injury include:
- Slip, Trip And Fall Accidents: Slip and Falls, as well as Trip and Falls, occur when the dangers of a premise are not relayed to a visitor by the property owner. Many victims suffer severe injuries such as broken bones, head injuries, back injuries, sprains, and other crippling and long-term injuries, stemming from inadequate warnings, improper maintenance, or faulty construction. Hazards that cause slip and falls and trip and falls may include: wet floors due to spills or runoffs, uneven flooring, tears in flooring, slippery floors, and holes in walkways and flooring.
- Dog/Animal Bites: When an animal bites or attacks causing injury or bodily harm to another the owner of the animal is liable for any resulting damages to the injured. Most animal attack injuries may include deep tissue wounds, nerve damage, and permanent scarring, leading to stitches and possible reconstructive surgeries.
- Swimming Pool Accidents: A pool owner must appropriately secure their pool from any types of injuries, such as slip, trip and falls, or drownings due to improper fencing and latching.
- Elevator Accidents: Victims injured due to an elevator failure or defect can file a premises liability claim against the property owner as well as the developer of the elevator.
- Negligent Security: Property owners are required to provide adequate security in the event their property is located in an area that crimes may occur. Dwellings such as parking garages, parking lots, bars, hotels, and buildings leaving patrons open to any physical assaults.
Recovering Compensation From A Premise Liability Case
You may receive compensation for your injuries due to a premise liability claim for the following:
- Lost Wages: From missed work to missed income opportunities due to injuries related to a premise liability claim, you may be able to recover compensation for lost wages as well as potential lost future wages.
- Medical Expenses: Medical bills associated with injuries due to premise negligence causing injury include surgeries, therapy, medications, emergency transport, hospital bills, doctor visits, and future medical expenses.
- Pain And Suffering: When an injury causes long-term physical and emotional sufferings a victim may be entitled to compensation.
- Wrongful Death: When a family member dies as a result of someone’s negligence the surviving family may file a wrongful death lawsuit to recover compensation for loss of income, medical expenses, pain and suffering, and any other financial damages.
Proving A Premise Liability Claim
Things that make a premise liability claim credible:
- Existing dangerous conditions are known by a property owner
- There was proper and acceptable time to correct dangerous conditions
- The property owner created dangerous or hazardous conditions on the property
- A failure of the property owners to warn others of known risks
Speak with a Shiner Law Group Injury Attorney
If you or a loved one has been harmed on another’s property due to negligence or improper warning, the property owner may be liable for the injuries and damages you have suffered. You may be able to seek compensation depending on your reasoning for being on the property and the details surrounding your injuries.
Our experienced premise liability attorneys can help answer any questions with trustworthy and reliable advice. Do not wait, contact Shiner Law Group today! Call us at (561) 777-7700 or contact us online for a free case review.