If you suffered injuries on someone else’s property, you could be eligible for compensation. In Florida, premises liability laws require property owners or managers to keep guests reasonably safe from harm while they are on the premises.
Premises liability can encompass a wide range of situations, such as a slip and fall, a dangerous condition on the property, and the criminal acts of others. A premises liability lawyer in Miami, FL, can examine the details of your case and determine if you can make a claim for damages.
At the Law Offices of Anidjar & Levine, we have helped clients recover compensation after a variety of premises liability accidents across South Florida. Let us help you. Call 1-800-747-3733 for a free claim evaluation with a member of our legal team.
Can You Get Compensation If You Get Hurt on Someone Else’s Property?
In many cases, you are eligible for compensation if your injuries occurred on someone else’s property. In Florida, residential and commercial property owners alike must keep guests safe from dangers and hazards on their premises. If the property manager in your case failed to do this, and you suffered injuries as a result, they could be liable for your damages.
What Kinds of Accidents Can Happen on Someone’s Property?
There is almost no limit to the ways a person can sustain an injury on someone’s property. Some common property hazards are:
- Puddles, spills, or flooded areas;
- Icy or slick surfaces;
- Poorly constructed balconies or decks;
- Swimming pools;
- Potholes or curbs in a parking lot;
- Fire hazards;
- Areas with inadequate lighting;
- Broken or missing stairs;
- Loose or missing handrails; and
- Unrestrained, aggressive dogs.
Whether you suffered injuries from a slip and fall or a dog bite, our premises liability team can help you hold the responsible party liable for your related expenses.
Who Is Liable If You Get Hurt on Someone Else’s Property?
The person or entity whose negligence caused your harm is responsible for your damages. In most premises liability cases, a property owner’s negligence caused the accident. To prove negligence, you must show:
- The property owner had a duty of care toward you;
- They breached the duty of care;
- Their negligence caused or directly contributed to your injuries; and
- You suffered damages due to the accident.
When it comes to premises liability law, we need to prove that the property owner or manager knew or should have known about the hazard. If you tripped over a large pothole, for example, we can hold the property owner of the parking lot responsible if we can prove they knew the pothole was there but failed to repair it or warn customers of the hazard. Even if we cannot find evidence showing they knew about the hazard, we can likely prove that they would have discovered the problem if they had regularly examined their premises.
We must also prove that you had a right to be on the property—meaning you were an invited guest or you had a business-related reason to be there—and not a trespasser. In Florida, property owners do not have to protect most trespassers from harm. However, a property owner could be responsible in certain cases, such as if they intentionally created a dangerous condition or trap for trespassers.
What Kind of Damages Can You Get in a Premises Liability Claim?
Premises liability injury cases are eligible for the same kinds of damages as other personal injury claims. These damages include compensation for your:
- Medical bills;
- Future medical care;
- Lost wages;
- Decreased future earning potential;
- Property damage;
- Pain and suffering; and
- Other out-of-pocket costs.
We will gather the documents, records, and other evidence needed to prove your case. In some situations, we work with expert witnesses to build certain elements of your claim, such as decreased future earning potential or your level of disability. We also know how to calculate your pain and suffering value so you get a fair settlement for your trauma.
What to Do After a Premises Liability Accident
After any accident, you should seek medical attention right away. Be sure to inform your doctor how your injuries occurred, so they note the cause in your medical records.
You should also report the accident to the appropriate entities, such as the property manager or the police. Keep a copy of all incident or accident reports. These can act as evidence for your claim.
It is likely that the business owner’s insurance provider will contact you soon after an accident. Do not sign anything, give a statement to the insurance company, or agree to a settlement without a lawyer. Your lawyer will deal directly with the insurance company on your behalf. This protects you from signing away your rights or accepting a low settlement offer that will not pay for your future costs.
What Happens If You Were Partly at Fault?
You can still get some compensation for your damages, even if you were partly at fault for the accident. Florida uses the concept of comparative fault, which apportions liability to each party based on their percentage of negligence.
For example, imagine that you suffered injuries after slipping on an icy patch just outside a shopping mall. However, you were looking at your phone when you fell. In this case, you share some of the blame for your injuries. If a judge found you were 25 percent at fault and your damages were $10,000, you would only receive $7,500 because of your negligence.
Get Help With Your Premises Liability Claim Today.
If you suffered an injury while on someone else’s property, talk with the premises liability lawyers at the Law Offices of Anidjar & Levine today. We can determine if you have a valid claim for compensation. Call us at 1-800-747-3733 to schedule a free consultation about your case.