An injury that happens on someone else’s property could entitle you to a premises liability case. Property owners must fulfill certain obligations on their properties. Those obligations require them to maintain properties that are as safe as possible for visitors.
If you believe a property owner’s negligence contributed to your accident, the Law Offices of Anidjar & Levine can help. Our team of West Palm Beach personal injury lawyers can handle your case from start to finish.
Building a Premises Liability Case in West Palm Beach, FL
All injury cases start with establishing that someone had a duty of care. In premises liability, a duty of care applies to property owners, small business owners, and large commercial properties like malls, hotels, and gyms. If there are any features, objects, or obstructions which contributed to your injury, you likely have a strong premises liability claim.
In fact, this area of personal injury encompasses:
- Slip and fall cases
- Dog bites
- Security failures
- Illnesses
- Swimming pool accidents
All of these could be due to a failure by a property owner to uphold their duty. For instance, failure to replace broken railings on a staircase can cause a fall, which would be grounds for a claim or lawsuit. Likewise, poor lighting, uneven floors, or negligence in repairing equipment could all justify a case.
Safety failures can also extend beyond maintenance. Property owners are obligated to prevent their dogs from causing harm—after all, animals are property. Similarly, property owners are responsible for protecting visitors from crime. If a lack of security guards, surveillance, or other safety measures led to your assault, you could have a premises liability case.
The Foundation of Your Case
Regardless of the type of premises liability injury you suffered, the Law Offices of Anidjar & Levine can help you prove that the circumstances leading up to your injury constituted a breach of duty. That is proven by satisfying the following points:
- The property owner knew or should be aware of hazards or dangerous conditions.
- The property owner was negligent in repairing the hazard.
- The property owner failed to make visitors aware of the hazard.
- The injury due to those conditions entitles the victim to damages.
Let’s say you slipped and fell at your local grocery store due to an unrepaired leak. If the property owners, managers, or owners were aware of the leak, that satisfies the first point. If the property owner was aware of the leak and did not place any wet floor signs at the site of the leak, that satisfies the second point. If you suffered a herniated disc from your fall, that fulfills the third point.
However, there are instances when simply satisfying the above three points may not apply if you suffered injuries on someone else’s property. People visit public and private properties for a variety of reasons. The reason a person is on the property often plays a significant role in determining whether a victim can collect compensation in premises liability claims. We can identify your grounds for a claim or lawsuit when we investigate your case.
The Evidence for Your Case
Investigating the circumstances of your accident doesn’t just help us verify the grounds against a property owner. Gathering evidence helps us identify all possible liable parties, provides proof of negligence, and even bolsters your claims about your injuries.
To accomplish all of this, we may compile:
- Photos
- Security footage
- Eyewitness accounts
- Expert testimony
- Accident analysis
- Timeline of events
- Medical records
- Police reports
- Previous complaints
A slip and fall case might rely on a timeline of events and eyewitness testimony, underlining how long an unaddressed hazard was present. By contrast, dog bite cases might benefit from gathering previous complaints against the dog, indicating its aggression and highlighting that the property owner should have properly restrained it.
In essence, our investigators gather relevant evidence for each case.
Types of Visitors on Public and Private Properties
There are different reasons and contexts in which visitors are on public and private properties. Florida’s premises liability laws account for that, and these circumstances and contexts often have significant impacts on your injury claim. There are three different types of visitors on a property:
- Invitee
- Licensee
- Trespasser
Invitees
Invitees to properties are those who are allowed there by owner invite. Invitees are on the premises to enjoy or contribute to the services available. For instance, business invitees are on the property to purchase the items sold at the business. Public invitees visit places like public parks and libraries and are on the property to use the facilities.
Licenses
Like invitees, licensees are welcome on both public and private property. However, what separates them from invitees is that licensees are there simply using the premises. They are not on the premises in a way that financially benefits the owner. An example of this would be someone who steps into a gas station to ask for directions or someone window-shopping at a mall.
Trespassers
As the word suggests, trespassers are people who are on the property but without an invite. Usually, trespassers are on a property after hours or doing something they should not be doing. Unlike invitees and licensees, property owners have no obligation to trespassers, excluding very specific cases.
Compensation in a Premises Liability Case
If you suffered an injury on public or private property, you might be considering what your options are. You are likely dealing with mounting medical bills and possibly missing work as well. With all these financial concerns, you are undoubtedly wondering, what is my case worth? The Law Offices of Anidjar & Levine may be able to help.
Our team can help collect the following damages on your behalf:
- Past and future medical expenses
- Wage reimbursement
- Pain and suffering
Medical Expenses a Lawyer Can Seek
The medical expenses we can seek on your behalf include:
- Ambulance trips
- Diagnostic imaging
- Hospital stays
- Physical therapy
- Medication
- Mental health support
- Long-term care
Your compensation should address specific needs. For example, you may have suffered from carbon monoxide poisoning from poorly maintained equipment. According to Mayo Clinic, carbon monoxide poisoning can be worse for an older adult or someone with a pre-existing condition, such as chronic heart disease. We take that background into account to ensure you seek fair compensation.
Furthermore, the entire road to recovery should be included in your case. Insurance companies and property owners may initially try to compensate you only for your current bills. We fight to include future care costs.
Wage Reimbursement Our Attorneys Can Pursue
Injuries often require you to miss significant time at work. If your accident causes you to miss work, we will pursue all your lost wages. Additionally, if your injury is serious enough to require a career change, we will also seek compensation for lost long-term income.
Several forms of revenue can be considered for reimbursement, such as:
- Wages or salary
- Commissions
- Ancillary income
- Lost benefits
We can also work with experts to determine how your injuries have affected your overall earning capacity.
Pain and Suffering Damages We Can Include
Suffering injuries, undergoing rehabilitation, worrying about your finances—these consequences of negligence take a toll. That toll won’t go unacknowledged.
We can pursue damages for:
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Changed quality of life
This compensation is about addressing personal challenges you have faced because of this injury. For example, according to the Centers for Disease Control and Prevention (CDC), slip and fall victims can become afraid of falling again, leading them to reduce their activity. In turn, they become weaker and risk another fall. That fear, and the change to your quality of life that results from it, can warrant compensation.
Hire a West Palm Beach Premises Liability Lawyer
Injuries can happen anywhere, so it is important to know your rights and what you lost in damage. The Law Offices of Anidjar & Levine can help you in that regard. Our team dedicates itself to serving the victims in the West Palm Beach community.
If you or someone you care about recently was involved in a potential premises liability case, we encourage you to call. Our consultations are always free, and we do not collect payment unless you receive a settlement. Call us now.
We Can Help.
