When negligent or irresponsible property owners fail to maintain their premises and you suffer injuries, you may be entitled to financial compensation. However, premises liability claims are often multifaceted, and you may benefit from working with a Pembroke Pines personal injury lawyer.
A Pembroke Pines premises liability lawyer at the Law Offices of Anidjar & Levine can explain what legal options may be available to you. Our law firm offers free consultations.
Types of Premises Liability Accidents in Pembroke Pines
Any accident on someone else’s property could be considered a premises liability accident if the property owner was negligent.
Some of the types of premises liability accidents you may be able to sue for in Pembroke Pines include:
- Slip-and-fall accidents
- Dog bites
- Wet floors
- Inadequate building security
- Improper maintenance
- Failure to make necessary repairs
- Elevator or escalator accidents
- Hotel accidents
- Accidents in parking lots
- Swimming pool accidents
- Trampoline accidents
These are just a few of the potential types of Pembroke Pines premises liability accidents. If you have been involved in another type of accident on someone else’s property, you may still have grounds for a civil or insurance claim. The best way to learn about your legal options is to contact our office to discuss your case’s details.
Who Is at Fault for Your Injuries in a Premises Liability Case?
In most premises liability claims, the liable party will be the property owner. Property owners owe their invited guests a duty of care. They must maintain the safety and integrity of the property at all times. If there are hazardous conditions on the premises, they must clearly mark them, so invited guests and patrons can remain safe.
Failure to uphold this duty of care is considered negligence. For the property owner to be considered negligent, the four following elements of negligence must be met:
- Duty of care
- Breach of duty
- Causation
- Damages
By showing that the defendant’s breach of duty caused you to suffer damages that considerably impacted your life, you may be able to recover compensation for your suffering.
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Premises Liability Laws That Could Impact Your Case
Multiple Florida personal injury and premises liability laws could impact the outcome of your insurance or civil claim. Some of these include the statute of limitations, shared fault, liability for trespassers, and the open and obvious doctrine.
The Statute of Limitations
The statute of limitations for personal injury claims in Florida is just four years, per Florida Statutes § 95.11. Four years may seem like plenty of time to file a lawsuit; however, if your lawyer cannot gather the time-sensitive evidence needed to prove liability because you didn’t seek their help quickly, this critical evidence may be lost.
It may be in your best interests to protect yourself by getting a Pembroke Pines premises liability lawyer on your side as soon as possible following your accident.
Shared Fault
Many premises liability victims share fault for their injuries. Thankfully, Florida operates under a pure comparative negligence system, per Florida Statutes § 761.81. This means it does not matter whether you share fault for causing the accident—you may still have the right to receive compensation for your damages.
However, you will be held accountable when you are partially at fault. To do this, the civil courts will reduce your injury settlement in proportion to your percentage of liability. For example, if you were found 15% responsible for causing your injuries, you could expect your injury settlement to be reduced by 15%.
Liability for Trespassers
If you were trespassing or committing a crime when you suffered injuries, you may not be entitled to financial compensation. Property owners only have a duty of care to those they invite onto their property.
The Open and Obvious Doctrine
The open and obvious doctrine states that if a hazardous condition is out in the open and would be obvious to any other reasonable person, the property owner cannot be held accountable for your damages.
For example, restaurants may put up warning signs around spilled beverages to protect themselves from being sued if someone were to slip and fall on the wet floor.
Available Damages in Your Pembroke Pines Premises Liability Claim
You have the right to be compensated for every loss you suffered due to your injuries. Some of the economic and non-economic damages you could collect include:
- Hospital bills
- Ambulance fees
- Cost of prescription medications
- Cost of mental health counseling
- Cost of medical equipment
- Co-pays
- Future medical care
- Other medical expenses
- Loss of income
- Loss of future potential earnings, including 401(k) contributions, salary increases, and bonuses
- Physical pain and suffering
- Emotional distress
- Diminished quality of life
- Reputational damages
- Inconvenience
- Loss of household surfaces
- Skin scarring, dismemberment, or disfigurement
You may also recover punitive damages if the Pembroke Pines civil court system finds the defendant’s actions grossly negligent, abhorrent, or reprehensible. Punitive damages are not a loss you have the right to recover, but a means for the court system to punish the defendant beyond your compensatory damages.
Get Help From a Premises Liability Lawyer Serving Pembroke Pines Today
When you have a premises liability claim on your hands, you may have the right to file an insurance claim or bring your case to court.
With help from a Pembroke Pines premises liability lawyer at the Law Offices of Anidjar & Levine, you can heal from your injuries while we handle the legalities of your claims. Schedule your no-cost, risk-free consultation today when you call our office or complete our online contact form.
