If you’ve been involved in an accident on someone else’s property, you may be wondering – what is premises liability? Am I covered for my accident? Premises liability is the obligation of a property owner to be liable for damages that occur due to an unsafe environment on their property. Owners of properties in Florida and throughout the United States are obligated to provide a safe environment for people who enter their property.
When a dangerous environment causes a slip and fall or another accident resulting in a serious injury or death, the victim may file a premises liability lawsuit. If negligence is proven in a lawsuit, the victim may receive significant compensation.
Lytal, Reiter, Smith, Ivey & Fronrath has a top West Palm Beach premises liability attorney ready to help you with your case and answer your questions. Get a free, no-obligation case evaluation to see what your legal path forward may be – call 561-655-1990 or send us a message now to tell us about your case.
How Premises Liability Cases Work in Florida
Florida statute 768.0755 defines premises liability laws and the conditions under which an owner is liable for an injury or death due to an unsafe environment or dangerous condition. The unsafe environment or dangerous condition may be due to lack of maintenance, a spilled foreign substance that causes a slip and fall, and more.
Premises liability laws only cover those who are allowed on the property and do not own part of the property. This includes guests and invitees of the premises, such as a customer at a retail store or a patient in a doctor’s office.
Most premises liability lawsuits are based on negligence. A Boca Raton premises liability lawyer’s job is to prove that the property owner’s negligence caused the accident. The property owner must have breached their standard duty of care to provide an adequately safe, maintained environment for guests and invitees.
Premises liability claims can be very complex. Many factors will be considered when judging whether or not the property owner’s negligence caused the accident and actual damages. Some factors that will be taken into consideration in court include:
- The property use
- The injured person’s relationship to the premises
- Any signs or warnings that were given
- Any potential foresight of the accident
As with all legal claims, it’s vital to get evidence of all damages and other aspects of the accident that prove the negligence of the owner. This way, you can get maximum compensation for your injury and losses. Evidence may include pictures or videos, medical documentation, medical bills, pay stubs, and more.
Common Premises Liability Cases
There are many types of dangerous conditions or events that can cause accidents at a business establishment. A person may be injured after slipping and falling on a spill in a school or office building, or a person may sustain an injury after falling on a retail store’s icy walkway.
Common premises liability cases include but are not limited to:
- Slips and falls due to wet or oily floors, icy or snowy walking paths, and more
- An animal bite or attack
- An injury caused by dangerous property conditions
- An injury caused by an improperly maintained property
- An injury caused by a lack or neglect of security on the property
Premises liability accidents can cause a wide range of injuries, such as broken bones, torn ligaments, concussions, or serious head injuries, all including an enormous amount of pain and suffering. A person may sustain a recurring concussion, chronic pain and insomnia, a lack of mobility, and more.
The effects of a premises accident on the injured person can be long-term and can cause the injured person to miss work or not perform their job to the same ability. In the worst cases, a person dies due to the negligence of a premises owner in maintaining an adequately safe environment for invitees and guests, spurring family members to take action for wrongful death and other damages.
Premises Liability Damages
When someone has been seriously injured on a business’ premises and wants to hold the premises owner liable, they can file a lawsuit to claim damages caused by the accident. To win compensation through a lawsuit, one must provide strong evidence of the cause of the accident and prove the negligence of the property owner in causing the damages. Additionally, a lawsuit must be filed in the designated amount of time by Florida’s statute of limitations.
Common damages that a victim or a deceased person’s family members claim after a major premises liability accident include but are not limited to:
- Medical bills and expenses
- Lost wages and future wages
- Noneconomic damages, such as pain, suffering, disfigurement, and mental trauma
- Wrongful death
If you need help deciding which damages apply to you and your claim, a premises liability lawyer at Lytal, Reiter, Smith, Ivey & Fronrath would love to help in a free, no-obligation case evaluation.
Schedule a Consultation With a Leading Florida Premises Liability Lawyer
Chances are, “What is premises liability?” is far from your only question. Get more answers and prepare to file a claim today; schedule a complimentary consultation with us. You can have confidence in your future when you put your case into the hands of one of the most respected and successful plaintiff’s law firms in Florida.
Call 561-655-1990 or send our team a message now to get the conversation started today.
