A premises liability lawyer in Country Club, FLcan help you get compensation if you get hurt on someone else’s property. Whether your injury happened because of a slip and fall accident or some other hazardous condition, you may be eligible for compensation. Also, if someone’s criminal act caused your injury, you may have a premises liability claim.
How We Hold Someone Responsible for Your Premises Liability Injury Claim in Country Club, Florida
If you got hurt because of someone else’s carelessness, also called negligence, the law can make that person pay you for your losses. There usually must be negligence for you to get compensation.
We must establish all three of these factors to win a premises liability claim:
The person we are suing (defendant) owed you a duty of care. Let’s say that you were at a shopping mall in Country Club, Florida. The shopping mall had a legal duty to take reasonable measures to ensure that the mall will be free of dangerous conditions that may harm visitors.
The defendant violated the duty of care. Failing to measure up to the standard of a legal duty of care is negligence. If the mall incorrectly used a slick slippery when cleaning the floors, such that guests could easily lose their footing and fall, the mall was negligent. The mall had a hazardous condition that could harm visitors.
The negligence caused or directly contributed to your injuries. As you walked through the mall, you slipped and fell because of the slippery substance on the floor. You suffered a skull fracture and broke several ribs. The negligence of the slick product on the floor caused you to fall and suffer injuries. This fact pattern satisfies all three required elements for holding the shopping mall owner responsible for your losses.
Damages for Premises Liability Claims in Country Club, Florida
The law allows you to get compensation for all reasonable losses you suffered as a result of the negligence. Your categories of damages can include things like these:
- Medical expenses, for the treatment you needed as a result of your injuries. These damages can include things like the ambulance, emergency room, doctors, surgery, hospital, diagnostic testing, prescription drugs, and physical therapy.
- Lost income, for the wages, salary, self-employment, and other income you missed because of the accident.
- Long-term care, if you need ongoing daily assistance with medical treatments and personal care because of your injuries.
- Decreased earning potential, if you cannot make as much money after the accident because of your injuries.
- Disability, if you cannot work at all because of your injuries.
- Painandsuffering, for the physical pain, emotional distress, and inconvenience that you experienced because of the accident.
- Other intangible damages, like anxiety, depression, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and your spouse’s claim for loss of consortium.
Where a Premises Liability Claim Can Happen
You do not have to be on a business or commercial property when you get hurt to have a viable premises liability claim. For example, if you are lawfully on your neighbor’s property and you get hurt, you may have a premises liability claim against your neighbor.
Because people do not tend to use the term “premises liability” in everyday conversation, it can be difficult to visualize a situation in which a person may have a premises liability line. You should talk with a premises liability lawyerinCountry Club, Florida if you suffered an injury on someone else’s property. Here are some examples of potential premises liability claims:
- You were on the balcony of your hotel room or apartment. The balcony collapsed and crashed to the ground, causing you severe injuries.
- You were eating at a restaurant when it caught on fire. You suffered burns and smoke inhalation. The fire department and health inspector had previously warned the restaurant owner of a fire hazard on the property, but the owner failed to correct the situation.
- You slipped and fell on a slick surface, like ice or a spilled liquid on a sidewalk, or inside a restaurant, movie theater, or another establishment.
Swimming pools are the source of many premises liability lawsuits. You may have a claim for damages if you got hurt in or around a swimming pool that someone else owns. This category can include things like near drownings, diving injuries, slip and fall accidents on the area around the pool, and other injuries.
The pool could be at a friend’s house, or a hotel, park, apartment complex, or municipal recreation center. These examples are but a few of the possible places where the pool can give rise to a premises liability claim. If the pool is not on your property, you may be able to sue for injuries.
What Happens to Your Claim If You Were Partly at Fault
Florida follows the comparative fault doctrine in situations when the injured person was partly at fault. This rule allows you to receive compensation for some of your losses. The law will deduct an amount equal to your proportion of the total negligence, and then you can collect the remaining amount.
For example, if you got hurt on someone else’s property and the judge decided that you were 10% at fault and your damages were $100,000, you can still get 90% of your losses. The law will reduce your damages by 10%, which is $10,000. You are eligible for $90,000 in compensation.
Getting Legal Help for a Country Club, Florida Premises Liability Claim
You should talk with the premises liability lawyers in Country Club, FL at the Law Offices of Anidjar& Levine if you got hurt on someone else’s property. You do not have to figure out all of the legal issues like negligence, liability, or who is responsible for your losses. We will answer your questions when we talk with you.
Call us today at 1-800-747-3733 to set up your free consultation. There is no obligation. There are no upfront legal fees. Our legal fees will come out of your settlement or judgment at the end.