Unsafe conditions can lurk anywhere on a property, whether it is a store, parking lot, or even someone’s home. If you are recovering from an injury suffered on another’s property due to negligence, our Fort Lauderdale personal injury lawyer can lead your case for compensation.
Property owners have a duty to keep their premises safe. When they fail to do so, accidents can result in serious harm. As you rest and recover, we will seek to recover your losses, including medical expenses, from the negligent party.
For more than 35 years, Winston Law Firm has fought for injured clients throughout Fort Lauderdale and Florida. You will find a caring and dedicated team that will listen to you and take the time to understand your situation. Call for a free consultation and learn how we can help you.
An Overview of Premises Liability in Fort Lauderdale
Florida’s premises liability law holds Fort Lauderdale property owners responsible for injuries that occur due to unsafe or dangerous conditions on their properties.
Whether the property is a home, business, or public space, the owner or occupier has a legal duty to keep visitors reasonably safe. If they fail to meet this duty and someone gets hurt, that person may be able to demand compensation.
Types of Visitors and Duty of Care Under Florida Law
In Florida, the law distinguishes between three types of visitors to a property, and the property owner owes each a different level of care:
- Invitees are people invited to the property for business reasons (like customers at a store) or public events. Property owners owe the highest duty of care to invitees, so they must take extra care to keep them safe. This includes checking for hazards and fixing problems right away.
- Licensees are guests who have permission to be on the property but not for business purposes (like social visitors). Property owners must warn licensees about dangers that aren’t easy to see.
- Trespassers enter the property without permission. Property owners have limited responsibility to trespassers, but they cannot intentionally cause them harm. Special rules protect child trespassers under what’s called the “attractive nuisance” doctrine.
Common Premises Liability Cases
Below are a few common scenarios that may lead to premises liability claims:
- Slip and fall accidents: Slippery floors, broken tiles, or uneven surfaces can cause serious falls. Our Fort Lauderdale slip and fall lawyers can seek damages on your behalf.
- Negligent security: If inadequate security leads to assaults or other crimes, property owners may be responsible.
- Poor maintenance: Broken staircases, faulty handrails, and other maintenance issues can result in injury.
- Swimming pool accidents: Lack of barriers or safety measures can lead to accidents, particularly with children.
- Dog bite injuries: Property owners may be held liable if a dog on their premises bites or attacks someone, especially if they knew the animal was dangerous or did not properly restrain it.
We can review your situation and determine how to handle your insurance claim or lawsuit. We can explain your legal options and answer your questions. Call us today for a free consultation.
How Our Fort Lauderdale Premises Liability Accident Lawyers Can Help
After suffering an injury, you need time to heal and focus on your health. While you receive medical care and rehabilitative therapy, we can focus on recovering your damages. When you become our client, we will take care of your entire legal matter.
This includes handling talks with the insurance company and other parties, legal paperwork, and filing deadlines. As we work on your case, we will:
- Investigate the accident: This involves gathering evidence to determine what happened and prove your case.
- Identify all liable parties: Multiple parties may owe you damages.
- Prove negligence: We must show that the property owner’s negligence directly caused your injury. This requires proving they knew or should have known about the hazard, failed to fix it, or did not provide adequate warnings and that this failure led to your injury.
- Negotiate with the insurance company: We will seek fair compensation for your accident-related losses and protect you from settlement offers that do not cover them.
- Represent you in court: We can take your case to trial and seek a financial award after presenting your case before a judge and jury.
Florida’s premises liability laws can be complex, especially when dealing with contributory negligence and other defenses property owners may use. Our experienced premises accident lawyers in Fort Lauderdale know state laws and can anticipate and prepare for any legal challenges that arise.
Who Can You Hold Responsible for a Premises Liability Injury?
While it may be apparent that the property owner is responsible for your injury, there may be others who are responsible, even if they were not physically present at the scene when you got hurt.
In addition to the site’s owner, potential liable parties can be:
- The property manager: If the property is managed by a third party, they may be responsible for maintaining safety and liable for any hazards.
- A tenant or an occupier: In some cases, the tenant or person occupying the property may be responsible for keeping the premises safe, especially in rental or leased properties.
- Maintenance company: If a company is hired to handle repairs, cleaning, or maintenance and fails to do so properly, it could be liable for any resulting injuries.
- Security company: In cases involving negligent security, the company responsible for providing security services may be held liable if their lack of proper measures led to the injury.
- Business owner: If the injury occurred in a business setting, the owner could be liable if they neglected to address unsafe conditions.
Identifying all liable parties is a key part of building a strong premises liability case. Once we determine who is legally responsible for your injuries, we can seek damages from them.
Damages You Can Seek for a Premises Liability Injury
Damages awarded in premises liability cases intend to cover the financial and personal losses you experienced. The losses you recover will depend on the specifics of your case, including how serious your injuries are and how long your expected recovery is.
Common damages in Fort Lauderdale premises liability cases include:
- Medical expenses (current and ongoing)
- Lost pay and loss of earning potential
- Pain and suffering
- Mental anguish
- Emotional distress
- Permanent disability or disfigurement
- Property damage (replacement or repair)
- Other out-of-pocket costs
Damages in Fatal Premises Liability Accidents in Fort Lauderdale
If your loved one suffered fatal damages after a premises liability accident, we are sorry for your loss. Our Fort Lauderdale wrongful death lawyer can review your situation to determine if your family can recover damages to help ease the financial expenses of your loss.
We can explain how wrongful death laws in Florida work, including how they determine who can file a wrongful death claim, during a free consultation.
What to Do After a Premises Liability Accident
If you’ve been injured on someone else’s property, taking the right steps can protect your health and your rights and strengthen your legal case. Here’s what to do after a premises liability accident:
- Get medical help immediately: See a doctor immediately, even if your injuries seem minor. Your medical records are crucial.
- Report the incident: Inform the property owner or manager and make sure the incident is documented.
- Gather evidence: Take photos of the hazard and collect contact information from any witnesses.
- Save important records: Keep all documents related to your medical care, lost income, and other expenses.
- Avoid quick settlements: Don’t speak to insurance adjusters or sign anything without legal advice.
- Get legal help: Our Fort Lauderdale premises liability attorneys can help protect your rights and pursue compensation.
Our Fort Lauderdale Premises Liability Lawyer Can Help
Suffering an injury can be upsetting and frustrating. Beyond the pain, it can disrupt your daily life, lead to unexpected expenses, and cause stress as you decide what to do next. When that injury happens due to someone else’s negligence, the frustration is even greater.
You deserve answers, support, and the chance to seek compensation. Our Fort Lauderdale premises liability lawyers are ready to lead your case. Call Winston Law Firm today for a free consultation. We can represent you at no upfront fee and get paid only after you win your case.
