You may be entitled to compensation if you suffered injuries on someone’s property. Generally, under premises liability law, property owners – either residential or business – have a duty to keep their premises safe.
If a property owner fails to uphold this duty of care and you suffer injuries, you have legal rights. A Fort Lauderdale personal injury lawyer from the Law Offices of Anidjar & Levine can help you recover damages.
We Can Help You Seek Compensation in a Premises Liability Case
Our law firm can help you seek compensation following your premises liability accident. We can help you seek awards for virtually any losses that result from the injury. Some of these losses could include:
Medical Bills
A lawyer from our team can help you recover compensation for the medical bills you paid due to your premises liability injury in Fort Lauderdale. This can include medical expenses such as:
- Hospital bills
- Emergency care costs
- Follow-up doctor’s visits
- Medical devices
- Prescription medications
- In-home care
Lost Wages
We can also seek compensation for the paychecks you missed out on while recovering from your injury. If you lost benefits from your employer, we could also recover those.
Some personal injury victims cannot return to their same job or field because of a disability. If you cannot return to work in the same capacity, we can seek compensation for this.
Non-Economic Damages
Non-economic damages are those losses without an inherent monetary value; they affect your life in intangible ways. Some non-economic damages we could recover compensation for include:
- Pain and suffering
- Mental anguish
- Disability and disfigurement
- Loss of enjoyment of life or activities
- Loss of consortium
Our team can tell you more about the compensation you could be entitled to through a settlement agreement or verdict in court. Consider acting quickly, as you could lose your right to compensation if four years pass from the accident date, according to Florida Statutes §95.11(3)(a).
Your Status at the Time of the Injury can Affect Your Entitlement to Compensation.
If you are injured on another’s property in Florida, the property owner’s responsibility depends on which of three categories you fall into. You are either an invitee, a licensee, or a trespasser.
Invitee
If you are on the property for a business purpose, you are an invitee. Here are a few examples:
- A shopper in a department store or grocery store
- A diner at a restaurant
- A technician performing a service in a home
- A patient or visitor at a doctor’s office or hospital
- An exerciser at a fitness center
If you fall into this category, the property owner owes you the highest degree of care. The owner is responsible for keeping the property free of hazards or defects that they should reasonably anticipate.
For example, if a store owner knows or should know of an object on the floor that presents a danger to you, the owner must address it. Otherwise, you may be entitled to recover awards for your injuries if you slip and fall.
Licensee
You are a licensee if you are on the property with the owner’s permission for a non-business purpose. Common examples are:
- Social guests at a party
- Visitors to someone’s home
- Someone who enters a store solely to use the restroom
Property owners have a duty to you to keep the property in a reasonably safe condition. For example, if you are a guest at someone’s home and the owner fails to warn you of a large hole in the yard, you may recover compensation if you suffer any injuries.
Trespasser
You are a trespasser if you are on the property without the owner’s permission. The property owner still owes you a duty, but it is not a very high one. The owner has a duty not to cause a reckless or intentional injury to you (e.g., the owner cannot attack you or set traps). In addition, the owner may have a duty to warn you of any hidden dangers once he knows you are on the property.
If you are injured on another’s property, a premises liability lawyer at the Law Offices of Anidjar & Levine will let you know what category you fall into and whether you have a case against the owner.
Exceptional Circumstances that Might Affect Your Premises Liability Case
Your case may fall into a special category. An attorney at the Law Offices of Anidjar & Levine will look at your case and let you know if a special duty or exception applies. Here are a few examples:
Children
If your child is injured on another’s property, a special duty may exist even if the child is a trespasser. This is due to the attractive nuisance doctrine. An attractive nuisance is a man-made object that may cause a child to trespass upon the property (e.g., trampolines, swimming pools, etc.).
For example, if a property owner has a swimming pool, he must place a fence or cover around the pool to ensure children cannot access it.
Landlords and Tenants
If you were injured in your apartment complex or rented home, you might be able to recover compensation, but it depends on who was responsible for maintenance. For example, if a broken handrail caused you to fall down the stairs at your apartment complex, you may be able to hold the landlord or property manager liable. However, if you hurt yourself in your apartment or home, it can be more complex.
Acts of a Third Party
An owner of a business may be responsible for the acts of others that occur on the property. For example, if you are attacked at a nightclub, you may be able to hold the establishment liable for negligent security.
Government
Special rules may apply if the government (i.e., city, state, or federal) owned the property. There are special timelines and criteria you may need to meet.
Understanding Premises Liability Laws in Fort Lauderdale
Premises liability law in Fort Lauderdale holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. Under Florida law, property owners have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors of any known dangers that are not immediately apparent. This duty extends to various types of properties, including residential homes, commercial establishments, public spaces, and rental properties.
The level of responsibility a property owner has can vary depending on the legal status of the visitor. Visitors are generally classified as invitees, licensees, or trespassers, with invitees afforded the highest level of protection. Invitees are individuals who have permission to be on the property for business or public purposes, such as customers in a store or guests at a hotel. Licensees are social guests or others who are on the property for non-business purposes with the owner’s consent. Trespassers, who enter the property without permission, are owed the least duty of care, although property owners cannot willfully cause them harm.
Understanding these distinctions is crucial when pursuing a premises liability claim, as the classification of the injured party can significantly impact the outcome of the case.
Common Types of Premises Liability Cases
Premises liability cases can arise from a wide range of accidents and unsafe conditions. Some of the most common types include:
- Slip and Fall Accidents: These occur when someone slips, trips, or falls due to hazardous conditions like wet floors, uneven surfaces, poor lighting, or cluttered walkways.
- Inadequate Security: Property owners may be liable if inadequate security measures lead to injuries from criminal acts such as assaults, robberies, or other violent crimes.
- Dog Bites and Animal Attacks: Owners can be held responsible if their pet injures someone, especially if they knew or should have known about the animal’s aggressive tendencies.
- Swimming Pool Accidents: Lack of proper fencing, warning signs, or supervision can result in drowning or other pool-related injuries.
- Elevator and Escalator Accidents: Mechanical failures or lack of maintenance can lead to serious injuries or fatalities.
- Toxic Exposure: Exposure to hazardous substances like mold, asbestos, or chemicals due to negligent property maintenance.
Each of these cases requires proving that the property owner was negligent in maintaining a safe environment, which directly led to the injury.
Proving Negligence in Premises Liability Cases
Establishing negligence is a critical component of a premises liability claim. To prove negligence, the following elements must be demonstrated:
- Duty of Care: The property owner owed a legal duty of care to the injured party. This depends on the visitor’s status as an invitee, licensee, or trespasser.
- Breach of Duty: The owner failed to fulfill their duty by not maintaining the property safely or warning of known hazards.
- Causation: The breach of duty directly caused the injury. There must be a clear link between the owner’s negligence and the harm suffered.
- Damages: The injured party incurred actual damages, such as medical expenses, lost wages, or pain and suffering.
Collecting evidence is essential in proving these elements. This may include photographs of the hazardous condition, incident reports, witness statements, maintenance records, and expert testimonies.
Steps to Take After an Injury on Someone Else’s Property
If you are injured on someone else’s property, taking the following steps can protect your health and legal rights:
- Seek Immediate Medical Attention: Your health is the priority, and prompt medical care also documents your injuries.
- Report the Incident: Notify the property owner or manager about the accident. Ensure that an incident report is filed and obtain a copy if possible.
- Document the Scene: If able, take photographs of the hazard that caused your injury, as well as the surrounding area.
- Collect Information: Gather contact information from any witnesses who saw the incident occur.
- Avoid Making Statements: Do not admit fault or discuss the incident in detail with the property owner or their insurance company without legal counsel.
- Consult a Premises Liability Lawyer: An attorney can advise you on your rights and help preserve critical evidence for your case.
Acting promptly can strengthen your claim and increase the likelihood of a favorable outcome.
How a Premises Liability Lawyer Can Help You
Engaging a premises liability lawyer provides several benefits:
- Legal Expertise: An attorney understands the complexities of premises liability law and can navigate legal procedures effectively.
- Investigation: Lawyers can conduct thorough investigations to uncover evidence, such as surveillance footage, maintenance logs, and prior complaints.
- Establishing Liability: An attorney can identify all liable parties and build a strong case to prove negligence.
- Negotiation: Experienced lawyers can negotiate with insurance companies to seek fair compensation, countering attempts to minimize your claim.
- Court Representation: If a settlement cannot be reached, your lawyer can represent you in court, advocating for your rights.
Having legal representation allows you to focus on recovery while your attorney handles the legal aspects of your case.
Compensation Available in Premises Liability Cases
Victims of premises liability accidents may be entitled to various forms of compensation:
- Medical Expenses: Coverage for current and future medical costs related to the injury.
- Lost Wages: Compensation for income lost due to the inability to work during recovery.
- Pain and Suffering: Monetary value assigned to physical pain and emotional distress experienced.
- Loss of Earning Capacity: If the injury affects your ability to earn income in the future.
- Property Damage: Costs for repairing or replacing personal property damaged in the incident.
- Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the wrongdoer.
Calculating damages accurately is complex and often requires professional evaluation to ensure fair compensation.
Statute of Limitations for Premises Liability Claims in Florida
In Florida, the statute of limitations for premises liability claims is generally two years from the date of the injury. This means you have a limited time to file a lawsuit; failing to do so within this period may result in losing your right to seek compensation. Exceptions to this rule are rare, so it’s crucial to consult with a lawyer promptly to ensure all deadlines are met.
You can Recover Compensation even if You were Partially at Fault
If you are injured on another’s property, the property owner may claim you were at fault for your own injury. For example, a business may say that you did not see an uneven surface in a parking lot because you were on your phone.
While you can still recover compensation if you were partially at fault under Florida Statutes §768.81, any percentage of negligence reduces your recovery. If an investigation found you were 25 percent responsible for the accident, you may only recover 75 percent of what you would otherwise receive. For example, if you requested $10,000, you would receive $7,500.
Get Your Free Consultation Today
A slip and fall attorney at the Law Offices of Anidjar & Levine can deal with the insurance adjuster and your medical providers. We will make every effort to settle your case.
If we cannot settle your case, our attorneys will take the matter to court. Do not delay. The Law Offices of Anidjar & Levine attorneys are just a call away. Memories can fade, witnesses can move, and medical bills can stack up. Get a free consultation today.
We Can Help.
