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premises liability attorney

Are you seeking compensation due to an organization or property owner’s negligence? Our Florida premises liability lawyers are here for you! If you’ve suffered injuries or mental trauma because of a slip and fall or falling merchandise, then you should contact an experienced premises liability lawyer today to help you recover financial compensation.

What Is Premises Liability?

Premises liability is a type of personal injury law. It is any situation where someone has been injured due to negligence or carelessness by another person or business. This can include injuries caused by dangerous conditions at a place of work, such as unsafe equipment or premises. It can also refer to injuries suffered while visiting a public area, including restaurants, stores, parks, etc.

How Is Premises Liability Different in Florida?

Florida law states that the owner of a property, or tenants such as a store or shop owner, is responsible for keeping their property in good condition and free of hazards.

Failure to maintain a property could result in liability for injuries caused by negligence.

Regardless of whether you were an invitee, licensee, or even a trespasser, the property owner generally has some responsibility for any injuries you may suffer while on their property.

Common Injuries Caused by Negligent Premises

When a lack of action leads to injury and suffering, it’s important to take legal action. If you’ve become injured due to another’s negligence, you can count on Denmon Pearlman to get you the compensation you deserve.

Trips, Slips, and Falls

trips slips falls

A slip or trip can happen at any time, but if you are injured while visiting someone else’s property, you may be able to recover fair compensation for medical treatment, lost wages, pain and suffering, and other damages. Contact a personal injury attorney today if you have been hurt because of another person’s negligence.

Different Types of Premises Liability Cases

premises liability cases

Premises liability cases typically involve a wide variety of fact scenarios. Dog bites are considered premises liability claims because they involve an unsafe situation on someone’s property.

Construction Sites

Construction sites often have multiple employers, and whether an employee of a subcontractor can sue the general contractor or property owners for negligence depends on several factors. Such factors may include the degree of control that entity had over the site, the employees’ work, and whether the entity retained workers’ compensation insurance that covered that employee.

Nursing Homes

Hospital and nursing home falls and injuries occur far more often than most people realize. It’s so prevalent that government agencies like the Agency for Healthcare Research and Quality (AHRQ) have put significant resources into various fall prevention tools and training.

Whether a nursing home fall justifies a medical malpractice or premises liability case depends on many factors such as:

  • The nursing home or hospital owed the person who tripped and fell a duty of care.
  • The organization failed to meet its duty of care.
  • The victim suffered injuries or damages as a result.

Stores

Florida has cities and towns that are filled with retail stores. Shoppers expect a secure environment in which to shop. However, unsafe conditions on the property often endanger their safety. Various conditions in a retail store may cause injuries to shoppers, including:

  • Slick or wet floors
  • Uneven surfaces
  • Falling product
  • Negligent security

Property and store owners are responsible for ensuring their premises are safe and free from any potential dangers. If a customer is injured at a store, they may have a claim against the property owner or the store owner for their injuries.

Hotels

After being injured in an accident at a hotel, you should first contact the hotel manager and file an official report.

Regardless of the type of accident that occurred, businesses that provide accommodation services must abide by the state’s premises liability law to protect themselves from potential accidents that could cause damages, such as physical injuries, to their patrons.

A knowledgeable personal injury lawyer who puts his or her clients’ best interests first will use every resource at their disposal to ensure he or she receives satisfactory legal representation when bringing claims for personal injuries.

How to Determine Liability in Your Premises Liability Case

It’s important to remember that just because you were injured on somebody else’s property doesn’t necessarily mean they were at fault for your injuries. Furthermore, just because the property may have been unsafe doesn’t necessarily mean that the property owner has been negligent. You must provide evidence that the property owner knew, or should have known, that the premises were in a dangerous condition and still failed to act properly to correct the problem.

Florida Premises Liability Laws

Under Florida Statute 768.0755, if someone slips and falls on a transient foreign substance in a business, then they must prove that the business had actual or constructive knowledge that the foreign substance was there and should have taken action.

What is the Time Limit on Premises Liability Claims

If you’re in the state of Florida, then the statute of limitations for personal injury cases is four years. You should contact a Florida premises liability lawyer immediately to avoid missing the deadline for filing your claim.

How to Deal with Insurance Companies After an Accident on Dangerous Property

Insurance companies will try to get you to settle for less money than you deserve. That’s why it’s important to have the right representation in a premises liability case.

Hiring an experienced and qualified premises liability attorney is important to ensure you get what you deserve. A good premises liability lawyer can help you determine whether you have a case against the property owner or the retailer. When it comes time to handle the insurance companies after an accident on dangerous property, you need an attorney who knows how to deal with them.

Getting Compensation for Your Injuries in a Premises Liability Case

compensation

The amount of compensation that you’ll receive for your premises liability claim will depend on the specific details of your case. Factors considered will include the severity of the injury, the extent of the financial loss, the amount of pain and suffering you’ve experienced, and the amount of permanent disability the injury will cause in the future.

How Can a Premises Liability Attorney Help?

An attorney specializing in premises liability law can analyze the facts of the case and handle all the legal details from start to finish.

If you’re involved in a premise liability accident, you may be able to file an insurance claim and negotiate a reasonable settlement. However, this is no easy task. Your attorney will be capable of determining and proving liability and providing thorough documentation of the damages that you have suffered. Armed with evidence to support your claims, your lawyer can negotiate from a position where he or she has something to offer.

If an insurance company refuses to pay a fair settlement for an accident, you may need to file a premises liability lawsuit. Your attorney will still negotiate with the defendant in pursuit of a fair settlement, but they will also prepare to go to trial if needed.

Schedule a Free Consultation With Our Florida Premises Liability Attorneys

denmon pearlman lawyer pictures

Our premises liability attorneys at Denmon Pearlman know that every case is unique. If you’ve suffered an injury due to someone else’s negligence, you need to take legal action, and our law firm is here to help! Contact us today and schedule your free consultation.

FAQs

What is the meaning of premises liability?

Premises liability is any situation where someone has been injured due to negligence or carelessness by another person who owns or operates a business establishment. This could be a restaurant, bar, hotel, retail shop, etc. If this occurs, then the owner or operator may be held liable for damages caused by their employees or contractors.

What is the difference between general liability and premises liability?

General liability insurance covers claims against you or your business arising from bodily injury, property damage, personal injury, advertising injury, or any other loss caused by your operations. Premises liability coverage protects injured people while visiting your place of business.

What is premises liability in Florida?

Within Florida law, any person who owns or controls the property must ensure that the premises are safe and well maintained. If the owner or operator does not adhere to these laws, they may be liable for all damages that result from accidents. If someone knows about dangers on the property but fails to take action to remove them, that person is negligent. If there’s any lack of upkeep or maintenance, that could also lead to a successful premise liability claim.

Is premises liability the same as negligence?

Premises liability refers to any injury or damage caused by someone else’s property. It can be either negligent or intentional. Negligence occurs when someone fails to act reasonably under the circumstances. Intentional acts are those done with the intent to harm another person. If you’re injured at a business establishment, premises liability may apply if the owner or manager has failed to maintain safe conditions.

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Denmon Pearlman

Law

Tampa Office
2504 W Crest Ave
Tampa, FL 33614

(813) 694-4130

Denmon Pearlman

Law

St. Petersburg Office
520 2nd Ave South
St. Petersburg, Florida 33701

(727) 308-5159

Denmon Pearlman

Law

New Port Richey Office
5703 Main Street
New Port Richey, Florida 34652

(727) 853-6404