The owners of any Jacksonville property have a duty to protect those who visit their property from injuries caused by unreasonable hazards. This may include invited guests, customers, contractors, and others. The state’s premises liability, under Chapter 768, obligate them to repair a hazard as soon as they notice it or give you an adequate warning if they cannot.
If they fail to do so and you suffer injuries, they may be liable for your medical care, lost wages, pain and suffering, and other losses.
Consulting with a premise liability lawyer in Jacksonville, FL can help you understand your legal options for compensation. Talk with the lawyers of Anidjar & Levine after a premises liability accident, and if you have a valid case against the property owner, we can help you file an insurance claim or pursue an accident claim to recover compensation.
Call us today at 1-800-747-3733 for your free case review with a Jacksonville premises liability attorney.
Damages Available in a Successful Jacksonville Premises Liability Claim
The types of damages we may be able to recover for you vary depending on your actual losses, the nature and severity of your injuries, and the facts of your case. After we investigate your accident and understand the full nature of your losses and expenses, we can offer more information specific to your case.
In general, the damages you can expect to be available in a winning premises liability case include:
- Medical treatment costs
- Rehabilitation and/or therapy costs
- Ongoing care costs
- Lost wages
- Loss of future earning potential
- Property damages
- Pain and suffering damages
- Miscellaneous expenses related to the accident or injuries
Common Premises Liability Injury Accidents
Premises liability injuries can occur in a number of ways. If you have any questions about whether your injuries might be a premises liability accident, a premises liability lawyer in Jacksonville, FL can review your case.
Some of the most common ways we see our clients suffer this type of injury include:
- Slip hazards, including wet floors, spills, and poor traction on stairs
- Trip hazards, such as uneven floors, torn carpet, and obstructed walkways
- Other hazards that lead to falls, such as poor lighting or missing handrails
- Dog bites
- Diving or swimming pool accidents
- Electrical hazards, including exposed wiring
- Property neglect, such as broken banisters
- Other unaddressed hazards that lead to injuries
Proving a Jacksonville, FL, Premises Liability Case
To win a premises liability case, we need to show the property owner acted negligently. This is possible by showing:
- There was a known hazard.
- They failed to address the hazard as soon as possible or issue a warning.
The most common defense is claiming they did not know about the hazard. This is where the “reasonable person” standard comes into play. We do not have to prove the property owner knew about the hazard. Instead, we only need to show a reasonable person would have known about it and taken action.
As a part of our investigation, we will survey the scene, take pictures, and document the hazard. This is often key in determining what happened and why, and if a reasonable person would have known about the hazard.
Navigating the Premises Liability Claims Process in Jacksonville
After our investigation produces the evidence we need to prove the property owner acted negligently, we can begin the claims process.
The first step is generally filing an insurance claim with the correct party. This can include:
- Property owners
- Business liability insurer
We send a demand letter to the insurance company explaining how their policy holder exposed you to an unreasonable hazard, the full value of your damages, and how much we expect them to pay out. They typically respond with a lower offer, and we counter-offer. This begins settlement negotiations. We are usually able to negotiate a fair settlement agreement during this process.
If a Settlement Is Not Reached in a Liability Claims Case
If the insurance company refuses to pay out a fair settlement or denies your claim, we may need to litigate your claim. Sometimes, we can still reach an out-of-court settlement after filing a lawsuit. The property owner likely wants to go to court even less than you do, and knowing they will have to face a judge sometimes provides the motivation to offer a more significant payout.
If not, the judge will hear your case and determine if you deserve compensation and how much based on the circumstances of your accident.
Once we reach a fair settlement agreement or the judge awards a payout in your case, we will handle all paperwork and they will forward the check to us. We will process it and get your money to you as soon as possible.
Protected Groups Under Florida Premises Liability Laws
In general, most people who would be in a restaurant, store, public park, or on someone else’s private property have protection under Florida’s premises liability laws. This includes a wide range of visitors and guests, such as:
- Invited guests
- Potential customers
- Delivery services
If you were trespassing at the time of your injuries, you may not be able to claim compensation for your injuries. This is especially true if you are over the age of 18. In some cases, children may be able to recover damages in this type of case even if they were trespassing.
We can help you understand if you qualify to file a claim or a personal injury lawsuit against the property owner because of your injuries. We will explain how your reason for being on the property affects your case, and help you hold them accountable to the full extent allowed by law.
Talk to a Premises Liability Lawyer in Jacksonville, FL, About Your Injuries Today
The attorneys from the Law Offices of Anidjar & Levine will evaluate your case and can help you understand your right to compensation if another party’s negligence caused your injuries. If you have a valid case against the property owner or occupier, we can handle your insurance claim or lawsuit on a contingency basis.
Call our Jacksonville team today at 1-800-747-3733 to get started.