Florida law states that property owners must keep their property safe and habitable for occupants or visitors at all times. Unfortunately, some properties suffer from neglect and poor maintenance. Consequently, you may become the victim of an accident due to hazardous environmental conditions on the premises.
If you were injured on someone’s property, you have the right to file a lawsuit for injuries and expenses you incurred as a result of the incident. A Port St. Lucie premises liability lawyer from the Law Offices of Anidjar & Levine can handle your claim and help you pursue compensation.
Why Should You File a Premises Liability Lawsuit?
When you suffer a Port St. Lucie personal injury on someone else’s property in a Port St. Lucie slip and fall or another accident, you may feel that your claim is not worth filing. You may even feel that the incident was avoidable had you been more careful or observant.
What you may not realize, however, is that poor building conditions and hazardous situations are dangerous for everyone who steps onto the property. A property owner who neglects clear and present danger on the premises needs to be made aware that unsafe conditions are not acceptable.
By filing a lawsuit, you pursue your injury expenses, may help keep others from danger, and may contribute to creating a safer environment in or around a residential or commercial structure.
You Deserve Fair Compensation
A personal injury that happens as a result of an accident can alter your life in ways you may not realize. It can affect your finances, home life, health, and job in the following manner:
- Medical bills (present and future)
- Mental anguish and pain and suffering
- Wages from lost work
- Loss of earning potential
- Rehabilitation and therapy services
- Prescription medications
- Long-term consequences
- Additional out-of-pocket expenses
These are just some of the consequences that could be covered or mitigated by pursuing legal action after an accident. In fact, you could receive:
- Damages for lost enjoyment of life and reduced lifespan
- Loss of consortium compensation
- Mental healthcare expense reimbursement
- Permanent or temporary disability benefits
- Consideration for your family and lifestyle
We look at factors like your age, whether you have dependents, how your hobbies and activities were affected, and what your prognosis is. Any variable that could mean greater losses, challenges, or upheaval can be included in your case and lead to additional compensation.
You Deserve Recognition for a Lost Loved One
If a fatality occurs as a result of an injury on the premises, we can help you pursue wrongful death damages. In the case of wrongful death, you can claim compensation for the following:
- Medical bills
- End-of-life care
- Funeral and burial/cremation expenses
- Loss of future income
- Pain and suffering of the deceased
- Loss of love, affection, and companionship
- Therapy services
Grief is complex, personal, and different for each person. At the Law Offices of Anidjar & Levine, we pursue damages that reflect the magnitude of what you have lost.
Are You Eligible to File a Premises Lawsuit in Port St. Lucie?
According to Florida law, every time you drive or walk onto a property, you fall into one of three occupant categories: invitee, licensee, or trespasser. In any case, you have the right to explore your legal options if you experience an injury while being on the premises. Let us look at these categories and how they may apply to you.
You were a public invitee if you were allowed on land that is open to the general public. The property owner owes it to the general public to maintain safe premises and warn the public of any hazardous conditions.
If you were a guest or patron of a business, then you were a business invitee. Business owners have a responsibility to provide a safe environment while you visit their business. They must address and repair hazardous conditions immediately. They must also warn you of potentially dangerous environments such as wet floors, damaged areas, or building renovations.
If you were invited to someone’s home for a party or other social gathering, then, by law, you were a premises licensee. It is the homeowners’ responsibility to keep their homes free from hazards that might cause injuries. It is also their legal duty to warn you of potential dangers you could experience while at their residence.
If you do not have the right or permission to be on someone’s property, then you are a trespasser (Florida Statutes § 768.075). While it may be more challenging to make a legal claim if you get injured, you can file a civil lawsuit if you can demonstrate that the owner intentionally chose to harm you.
Complexities of Premises Liability Law in Port St. Lucie
As with all legal disputes, premises lawsuits are complex and detailed. The burden of proof of the property owner’s liability for your injuries is on you, the plaintiff.
Without knowledgeable legal representation, you might feel unsure of how to recover the compensation you’ve lost. For example, the property owner or insurance company may try to settle out of court and pay you a fraction of what you deserve. A lot of injured people do not know how to value their claim and may accept a lowball settlement offer.
We recommend hiring a lawyer to help you sort through the claim and guide you through the process from start to finish. Our help can include:
- Investigating the case and compiling evidence
- Talking to witnesses, doctors, and experts
- Handling your statement and communication with insurance
- Reading and explaining any settlement offers or paperwork
- Managing negotiations with adjusters, negligent parties, or attorneys
- Providing regular updates, explanations, and advice
- Preparing to take a case to court if the other side won’t settle
With the legal team of the Law Offices of Anidjar & Levine on your side, we can help demonstrate that your injuries occurred as a result of unsafe property conditions and that you suffered significant damages as a result.
Avoiding Confusion and Complications in Premises Liability
Although many disputes in premises liability cases involve whether the property owner was at fault for your injuries, other issues can arise. For instance, if you signed a waiver, the property owner may use it to avoid any liability. Likewise, property owners shifting blame to a third party or even onto you can make it difficult to reach a settlement.
Waivers don’t necessarily mean you have no recourse. In fact, some waivers are too vaguely worded to be unenforceable. Others are not valid if the property owner was negligent. For instance, while you assume the risk of operating a rented boat, the boat rental business is still obligated to maintain the vehicles to avoid injuries.
Additionally, we can explore the possibility of other or multiple liable parties. For example, the property owner may have failed to replace a piece of equipment known to be faulty, potentially making them and the equipment manufacturer liable. Whatever combination of factors is involved in your case, we can straighten out liability and pursue your damages.
How to Get Started With a Premises Liability Claim
The first thing you need to know when pursuing a premises liability lawsuit is that the longer you wait to file a claim, the weaker your case might be. Property owners might make the necessary adjustments to the scene of an accident to avoid liability. Therefore, timing is critical.
In Florida, you typically have four years from the date of the accident to file a personal injury lawsuit (Florida Statutes § 95.11). However, wrongful death suits have a shorter deadline, generally two years. If your premises liability case is against a municipality, such as after tripping and falling on government property, you must provide written notice within only six months (Florida Statutes § 768.28).
Since your timeline can change depending on the details of your case, don’t wait.
What We Do for Your Premises Liability Case
Our first step will be to quickly preserve evidence and establish that the property owner’s negligence caused your injuries. We may compile evidence, such as:
- Surveillance and bystander video footage
- Photos of your injuries and the scene
- Eyewitness and expert testimony
- Accident reconstruction and analysis
- A timeline of events leading to the accident
- Previous complaints against the property owner
- Medical records and information from doctors
We can help you decide how much the property owner should compensate you for medical bills, lost wages, and other expenses. We will guide you through the process to help you make wise decisions to strengthen your legal position.
Work With a Premises Liability Lawyer in Port St. Lucie Today
If you have a personal injury caused by unsafe conditions in a home or business, a personal injury lawyer at the Law Offices of Anidjar & Levine can help you file a claim. Get a free, no-obligation case evaluation to see what one of our attorneys can do for you. And because we handle all cases on a contingency basis, it costs you nothing upfront to hire a lawyer.
Call us today for your free consultation.
We Can Help.