If you got hurt on someone else’s property, you might have a premises liability injury claim if your injury came from a slip and fall accident, a dangerous condition, or because of someone’s criminal act. A personal injury lawyer in Titusville, FL can help you pursue the compensation you deserve. Call the Law Offices of Anidjar & Levine today for a free consultation.
What We Have to Prove in Premises Liability Injury Claims
If someone’s negligence caused you harm, you can be eligible for compensation. To hold another party liable for your injuries, we must prove all three of these factors:
- The defendant owed you a duty of care. Let’s say that you were staying in a hotel in Titusville, Florida. The hotel had a duty to take reasonable measures to keep the premises operating in a safe condition for its guests.
- The defendant breached the duty of care. The roof of the hotel was long past the point at which it needed to be replaced, and the hotel owner was knowingly putting off the needed repairs. Since a faulty roof impairs the building’s security and safety, failing to repair it is negligence.
- The negligence caused your injuries. Following a typical Florida rainstorm, water came through the roof and weakened the ceiling in the lobby. A light fixture comes loose, falls, and injures several guests. This fact pattern satisfies the causation element of liability.
Types of Damages for Premises Liability Claims
Since premises liability is a type of personal injury claim, you can get compensation for the same kinds of losses as you could in any other negligence action, like a car accident. The actual damages for which you will be eligible will depend on the facts of your case, but typically include elements such as:
- Medical bills. This category can include the reasonable cost of necessary medical care to treat injuries from the incident. The expenses can include the ambulance, emergency room, hospital, surgeons, X-rays, lab work, diagnostic procedures, prescription drugs, other physicians, and physical therapy.
- Long-term care. If a hotel guest suffered catastrophic injuries that leave them in need of daily assistance with medical treatment or personal care, the hotel can be responsible for these costs.
- Lost wages. If an injured guest missed work because of injuries, they can recoup lost wages, salary, self-employment, and other types of income.
- Diminished earning capacity. This situation arises when an accident victim cannot make as much money after the incident because of their injuries.
- This category of damages addresses the situation in which a person cannot support themselves through gainful employment because of his injuries.
- Pain and suffering. This type of loss compensates the injured person for having to experience physical pain and emotional distress.
- Other intangible losses. Sometimes plaintiffs can collect compensation for such things as loss of enjoyment of life, post-traumatic stress disorder (PTSD), disfigurement, or a surviving spouse’s loss of consortium claim.
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What Constitutes Premises Liability
A premises liability injury claim can arise when you have the intersection of these two concepts: injury from someone else’s wrongful or negligent act plus that the event occurred on someone else’s property. The only place where you cannot have a premises liability claim is on your own property.
A premises liability case can come from an injury that happened on commercial property, like a hotel, store, or arena. One of these claims could just as easily happen because of an injury that took place on someone’s private property, such as in a neighbor’s yard.
Examples of Premises Liability
Most people do not know what kinds of scenarios can give rise to a premises liability lawsuit. To help you understand whether the injury that you or a loved one suffered on someone else’s property can fall under the umbrella of premises liability, here are a few examples of these claims:
- You slipped and fell on a slick area in a restaurant, store, or other business.
- You slipped and fell on an icy sidewalk or an entry to a commercial building.
- You got hurt at a swimming pool that was not on your property. The pool could be a private pool at someone’s residence, a public pool, or a pool at an apartment complex or hotel.
There are many other fact patterns that can give rise to a premises liability claim. If you got hurt on someone else’s property, you might be able to pursue compensation.
Call a Premises Liability Lawyer in Titusville, FL Today
If you or a loved one suffered a premises liability injury, the team at the Law Offices of Anidjar & Levine can help. A premises liability lawyer in Titusville, FL will be happy to sort through the facts of your case and let you know if you might have a claim. Call us for a free consultation with a premises liability lawyer in Titusville, FL.
