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.
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.
Steps to take if You are Hurt on Another’s Property
If you suffered injuries on someone’s property, there are actions you can take to protect your rights:
- Do not panic. Actions you take immediately after the accident may increase your chances of getting compensation for your injuries later. By staying calm, you can ensure better documentation of your injuries and the scene.
- Be aware of your surroundings. Do you see what caused the fall? Are there employees or other customers in the area who may have seen what occurred?
- Ask to speak to the person in charge. If the accident occurred on business property, it is important that a manager knows of the fall.
- Take pictures. If there is a hazard that caused your injury, take a photo with your phone.
- Get the names and contact information of witnesses. You do not want your case to turn into a “he said, she said” contest.
- Get medical attention. If you do not get immediate medical attention, the owner’s insurer might claim you are exaggerating or falsifying your injuries.
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.
