Boca Raton Premises Liability Attorney

It can be incredibly frustrating to suffer an injury on someone else’s property, particularly when the injury could have been avoided. In Florida, premises liability law allows property owners to be held accountable, but navigating the process can be complex and time-consuming.

To successfully file a claim, individuals must understand Florida premises liability law. They must demonstrate the property owner’s negligence, and submit the claim within a specific timeframe.

Given the intricacies of these cases, it is recommended that anyone pursuing a premises liability claim seek personal injury lawyer assistance. Dyson Law, PLLC can help safeguard your rights and secure compensation.

Proving Premises Liability

Not every injury qualifies as a premises liability case, even if it occurred on someone else’s property. To establish a premises liability claim, an individual must prove four elements:

  • The defendant (property owner) was the property’s owner, occupant, or lessee.
  • The defendant neglected to exercise reasonable care in maintaining the property in safe conditions.
  • The plaintiff (the person filing the lawsuit) sustained an injury.
  • The injury resulted from the defendant’s negligence or lack of care.

Some Key Factors When Evaluating Premises Liability Accidents

Whether you slip on a liquid spill from a broken bottle in a supermarket or trip on a damaged step in a government building, slip-and-fall cases require a thorough investigation of the facts. 

Our Boca Raton slip and fall lawyers examine accidents at various locations to gather crucial information and evidence, such as:

  • Insufficient lighting hinders the ability to spot obstacles and hazards
  • How long a slippery or sticky substance was present on the floor
  • Inspection and maintenance schedules, as well as adherence to these procedures
  • Video footage of the incident
  • The store’s accident report
  • Statements from witnesses, including employees
  • Store employees’ and/or management’s awareness of the hazard
  • Whether the hazard was temporary or permanent
  • Efforts to address the hazard or provide adequate warnings
  • Reports of previous similar incidents indicating knowledge of the hazard

These examples illustrate the evidence we collect and assess when evaluating a slip, trip, and fall claim. We also build a strong legal case to seek just compensation. Due to the detailed nature of slip and fall claims, it is crucial to hire a lawyer promptly. 

Our lawyers can investigate the case and secure video surveillance footage before it is erased. They can also interview employees before they become unavailable or their memories fade, and present a persuasive case based on the relevant legal standards.

Injuries/Damages Caused by Premise Negligence

You may be eligible for compensation if you’ve been injured on someone’s property due to their negligence. 

Damages recovered in premises liability cases include:

  • Medical expenses, such as ambulance services, hospital stays, doctor visits, surgeries, radiology, and prescription medications.
  • Future medical expenses for ongoing care or lifelong conditions or disabilities.
  • Lost wages from missed work due to your injury.
  • Lost future wages if a long-term illness, condition, or disability prevents you from returning to your job.
  • Pain and suffering are determined by factors like the severity of your injury, your age, the likelihood of a full recovery, and more.
  • Rehabilitation and recovery costs, including assistive devices like wheelchairs, canes, and walkers.
  • Loss of consortium or companionship.

Individuals, small businesses, large corporations, or government entities may face claims for injuries occurring on their properties. When suing Florida, a county, or a city, a different procedure is required. This includes filing a claim against the government before pursuing a lawsuit. 

Your attorney can guide you on the appropriate action in such cases. The extent of a party’s fault depends on the visitor’s status. Like many other states, Florida categorizes visitors into three groups: invitees, licensees, and trespassers. 

Invitees

If you walk onto a property and conduct business, you’re automatically considered an invitee. That means you’re welcome to be on that property, so long as it’s for lawful reasons.

This status is given to those lawfully visiting the following places, among others:

  • Grocery store
  • Bar or restaurant
  • Shopping mall
  • Sports stadium
  • Hospital
  • Hotel
  • Business office
  • Apartment complex

Business owners are expected to care more. They have a duty to:

  • Provide adequate warnings about hazardous conditions.
  • Maintain the property and keep it in safe condition within reason.
  • Uncover hidden dangers by regularly inspecting the premises.

This also applies to slip-and-fall accidents in businesses. In the event that a person slips on the spill, the business owner is liable if they knew about the spill.

It could be actual or constructive knowledge. Constructive knowledge is when the owner knows because the spill happens frequently and could have been foreseeable. Talk to your lawyer about seeking compensation if you’re hurt as an invitee.

Licensees

Guests visiting an establishment that are social guests, such as visiting a friend’s home for dinner, are classified as licensees. Licensees and invitees have the same rights, with some exceptions.

Personal property owners do not have to inspect their property. If you’re there for social reasons, identifying these hidden dangers is not necessary. Because of this, your options for suing may not be as clear-cut, and you may need to discuss your options with your attorney before taking action.

Trespassers

These are individuals who come to the property illegally without permission from the property owner. The property owner, in these instances, does not have any duty of care for trespassers. They cannot be held liable for injuries according to Florida’s premises liability laws.

There are caveats to trespassers. However, if the trespassers are children, the property owner can still be held liable for keeping them safe. Children may not be able to read warning signs, for example, and are not held to the same standards as adults.

Premises Liability Cases at Work

When you’re involved on a construction site, whether delivering supplies or working as a subcontractor, building and renovation projects can expose you to various hazards. If you’re injured on the job, your primary recourse against your employer is limited to a worker’s compensation claim. 

This allows an injured worker to receive free medical care, partial wage replacement, and compensation for permanent impairment. While worker’s compensation does not require an injured employee to prove employer fault to access these benefits, the potential recovery is usually less than a personal injury lawsuit. 

The worker’s compensation system does not cover pain and suffering, punitive damages, loss of life enjoyment, or other forms of damage. Our lawyers employ multiple strategies to protect clients injured by falls from ladders and scaffolding, impacts from moving equipment, electrocution, falling objects, or other hazards on construction sites. 

Our lawyers can improve the prospects of our clients’ construction accident lawsuits through the following:

  • Conducting a prompt investigation due to the ever-changing nature of the premises
  • Identifying all potential parties and insurance sources, including our client’s employer and third parties
  • Pursuing worker’s compensation benefits and damages in a third-party lawsuit
  • Conducting extensive discovery to establish fault in third-party lawsuits
  • Managing communications with insurance carriers to prevent harmful disclosures
  • Navigating insurance company traps, legal deadlines, and procedural requirements

How a Boca Raton Premises Liability Lawyer Can Help

Our lawyers represent individuals injured due to a business owner’s failure to implement sufficient security measures to protect against violent criminal acts. This includes injuries caused by an overzealous and undertrained security guard. Both premises liability claims present unique challenges.

Inadequate Security

While owners of shopping malls, banks, and grocery stores are not expected to guarantee the safety of visitors on their premises. However, they do have a duty to take reasonable care in protecting guests from violent crimes such as assault, rape, and armed robbery. The appropriate security measures depend on the severity and frequency of crime in the area and may include security officers, security doors, armed security, keypad entry, and other features. 

Since the perpetrators of violent crimes often lack the assets or insurance to pay for a settlement or judgment, victims face the challenge of proving inadequate security. Property owners can also be held liable for insufficient security in the common areas of apartment buildings or condominiums.

Negligent Security

Many people have seen store security guards but might not realize that they often undergo minimal screening and training. Even armed security officers often lack training. When an overzealous store security guard injures a suspected shoplifter, the guard’s insufficient qualifications or training could be grounds for liability. 

Our Boca Raton negligent security lawyers also establish liability based on failure to develop and implement proper safety protocols. This is to prevent injuries caused by store security staff. Contact Dyson Law, PLLC today for your free consultation by calling us at 561-498-9979 or completing the online form below.


Boca Raton Premises Liability Attorney FAQ

In this concise guide, we’ll address common questions surrounding premises liability cases and how a Boca Raton premises liability attorney can help. Whether you’re seeking insights on property-related injuries or understanding your rights as a property owner, we’ve got you covered. Let’s delve into the world of premises liability law and provide you with the information you need.

What Does Premises Liability Cover in Florida?

Premises liability is a legal concept that describes a property owner’s legal responsibility for any injuries that were caused by some unsafe condition as a result of their negligence. To put it simply, both public and private property owners have a legal responsibility to keep their property safe for visitors.

What is the Statute of Limitations for Premises Liability in Florida?

If you were injured on someone else’s property in Florida, and wish to file a lawsuit against the property owner as a result, you must do so within two years of the occurrence or your claim will forever be barred by Florida’s Statue of Limitations.

Is Premises Liability the Same as Negligence?

The legal concept of premises liability is often used in certain personal injury cases if the injury involved was caused by an unsafe or defective condition on someone’s property. Premises liability is a form of negligence, as the property owner has failed to follow the correct protocol to ensure his property is safe.

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