Florida Premises Liability Lawyer

Furdock Law > Premises Liability Attorney in Florida

Every state has specific laws that outline the duty of care property owners owe to those who enter their premises. These regulations are designed to protect individuals who suffer injuries due to a property owner's negligence, allowing them to seek compensation for various damages. This legal concept is known as premises liability.In Florida, premises liability laws require property owners to maintain their premises in a reasonably safe condition to prevent accidents and injuries. If a property owner fails to do so and someone is injured, the injured party may pursue a premises liability claim. At Furdock Law, we specialize in addressing your specific needs and providing the legal support you require.

Don't face this challenging situation alone. Contact our caring and skilled Florida premises liability attorney today at (305) 484-9454 or info@furdocklaw.com for a free, confidential consultation. We're here to provide the support and legal expertise you need to move forward.

Personal Injury & Premises liability

Premises liability in Florida typically arises in personal injury cases where an individual seeks compensation for injuries and losses caused by a defect or hazardous condition on someone’s property. At Furdock Law, we specialize in addressing your specific legal needs and providing the support you require.

In Florida, premises liability laws mandate that property owners maintain their premises in a reasonably safe condition to prevent accidents and injuries. If a property owner fails to do so and someone is injured, they can be held liable for negligence. This responsibility applies to anyone legally on the property, such as visitors, patrons, clients, employees, and vendors, but not to trespassers. Injured parties can file premises liability lawsuits if a dangerous condition on the property caused their injuries and the owner should have addressed it.

Schedule Your Free Consultation Today!
Surround yourself with the best legal care as soon as possible.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Schedule Your Free Consultation Today!

If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.

Get Legal Help
Trusted by countless satisfied clients

What is Premises Liability?

Premises liability in Florida is a legal concept that holds property owners accountable for injuries sustained by individuals on their premises due to negligent maintenance or hazardous conditions. Florida law establishes a duty of care that property owners must uphold to ensure the safety of visitors. The extent of this duty varies based on the visitor's legal status, which is classified into three categories: invitees, licensees, and trespassers.

Categories of Visitors

  1. Invitees: These are individuals invited onto the property for business purposes, such as customers or clients. Property owners owe the highest duty of care to invitees, which includes maintaining the premises in a reasonably safe condition, regularly inspecting for hazards, and promptly addressing any dangers.
  2. Licensees: These are individuals who enter the property for non-business-related purposes with the owner’s permission, such as social guests. Property owners must warn licensees of known hazards but are not required to actively inspect the premises for dangers.
  3. Trespassers: These are individuals who enter the property without permission. Property owners owe a lesser duty of care to trespassers, primarily to refrain from causing intentional harm. However, property owners may still be liable if their actions or negligence directly contribute to the harm of a trespasser.
Key Elements of Premises Liability in Florida

Premises liability in Florida is based on the principle that property owners must ensure their premises are safe for visitors. To establish a premises liability claim, the following elements must be proven:

  1. Ownership or Control: The defendant must either own the property or have control over it.
  2. Visitor Status: The injured party's status as a visitor (invitee, licensee, or trespasser) determines the level of care owed. Invitees are owed the highest duty of care, including regular maintenance and inspections. Licensees must be warned of known hazards, while trespassers are owed the least duty of care but must not be intentionally harmed.
  3. Unsafe Condition: There must be a dangerous condition on the property that the owner knew or should have known about and failed to remedy.
  4. Causation: The injury must be directly caused by the unsafe condition.
Types of Premises Liability Claims in Florida

Premises liability claims in Florida can arise from various situations, including:

  • Slip and Fall Accidents: These occur when someone slips or trips on a hazardous condition like wet floors, uneven surfaces, or poor lighting. It must be shown that the property owner knew or should have known about the hazard and failed to address it.
  • Negligent Security: Property owners, especially business owners, must implement adequate security measures to prevent criminal activities. Claims can arise from injuries due to insufficient lighting, lack of security personnel, or broken locks.
  • Animal Attacks: Dog owners in Florida are typically held liable for injuries caused by their pets, regardless of prior knowledge of the animal's aggression.
  • Swimming Pool Accidents: Pool owners must adhere to strict safety regulations, including proper fencing and signage. Failure to comply can result in liability for injuries.

Legal Support from Furdock Law

At Furdock Law, we understand the complexities of premises liability cases and are dedicated to providing the legal support you need. If you have been injured on someone else's property in Florida, contact us at (305) 484-9454 or info@ferdocklaw.com to discuss your case and explore your legal options.

Common Premises Liability Injuries

When property owners in Florida fail to maintain their premises in a safe condition, it can lead to serious injuries for guests and visitors. Common injuries in premises liability cases include:

  • Head and brain injuries
  • Back and neck injuries
  • Lacerations
  • Dog bites
  • Broken, fractured, or dislocated bones
  • Foodborne illnesses

If you have been involved in a premises liability accident, it is crucial to seek medical attention even if you feel fine. Injuries such as back and neck injuries may not be immediately apparent but can become significant over time. Early diagnosis is essential. After seeking medical attention, contact Furdock Law for legal support. We specialize in addressing your specific needs, helping you document your injuries and medical expenses, and preparing your case.

Example of Premises Liability

In Florida, premises liability cases can arise from various situations that pose risks to visitors on someone else's property. Some common examples include:

  • Slippery surfaces, such as spills in stores or businesses
  • Construction defects, like exposed wiring or holes in walkways
  • Poorly maintained stairways with broken steps
  • Unmarked hazards in dimly lit areas, such as broken handrails

Premises liability claims in Florida often involve:

  • Slip and fall incidents
  • Elevator and escalator accidents
  • Swimming pool-related injuries
  • Accidents caused by inadequate maintenance of flooring, stairs, or handrails
  • Negligent security leading to assaults or other crimes

At Furdock Law, we specialize in handling premises liability cases throughout Florida. Our experienced team understands the nuances of state law and can provide the legal support you need if you've been injured due to a property owner's negligence. We're committed to helping victims recover compensation for medical bills, lost wages, and pain and suffering resulting from unsafe property conditions.

Schedule Your Free Consultation Today!

If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.

Get Legal Help
Trusted by countless satisfied clients

Premises Liability Negligence

In Florida, premises liability cases require demonstrating that the property owner's negligence directly led to your injury, which would not have occurred otherwise. To establish negligence in a premises liability claim, several key elements must be proven:

  1. The property owner owed a reasonable duty of care, particularly in public areas
  2. This duty of care was breached
  3. A clear link exists between the breach of duty and your injuries
  4. Actual damages were incurred

While most premises liability cases require proving negligence, there are some situations where property owners may be held strictly liable under Florida law, regardless of negligence. A common example is dog bite cases, where owners can be held strictly liable for injuries caused by their dogs, even if they took precautions to prevent such incidents.

Why You Should Call Us Even if You Were Found at Fault for the Accident

In Florida, property owners have a broad responsibility to maintain their premises in a reasonably safe condition for visitors. This duty extends to various aspects, including protecting against potential third-party crimes and performing necessary repairs before allowing public access to certain areas.

However, this responsibility only applies when the property owner is aware or should reasonably be aware of the hazardous condition. As a plaintiff in a premises liability case, you may encounter a defense where the property owner claims ignorance of the dangerous condition that caused your injury. If you have questions about your specific situation, it's advisable to consult with a Florida premises liability attorney to discuss the details of your case.

Consider a scenario where you trip on a set of stairs in a store due to wood rot. The property owner might argue that they were unaware of the issue and therefore cannot be held liable for failing to address it or warn visitors. While this may seem like a strong defense, it can be overcome if you can demonstrate that the owner "should have known" about the hazard.

In this example, you could present evidence showing industry standards for stair inspection frequency and demonstrate that the property owner failed to conduct proper and timely inspections that would have revealed the wood rot. By establishing that the owner should have discovered the hazard through reasonable care, you may be able to hold them liable under Florida law.

At Furdock Law, we specialize in premises liability cases and understand the nuances of Florida law in this area. We provide tailored legal support to address your specific needs and help you navigate the complexities of your case. If you've been injured on someone else's property and have questions about your rights, don't hesitate to reach out to us at (305) 484-9454 or info@ferdocklaw.com for a consultation.

Cases Involving Third-Part Criminal Activity

If you are injured by a third-party criminal act on someone else's property in Florida, you may have grounds to sue and recover damages from the property owner, in addition to the third party responsible for the act.

Property owners in Florida have a duty to maintain their premises in a reasonably safe condition, which includes providing adequate security for visitors. For instance, if a store owner is aware of recent attacks outside their store, especially in a high-crime area, they are legally obligated to take measures to protect their visitors. These measures can include installing surveillance cameras, hiring security personnel, and enhancing lighting to deter criminal activities.

Schedule Your Free Consultation Today!

If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.

Get Legal Help
Trusted by countless satisfied clients

What is Duty Care?

In Florida, property owners and managers have a legal obligation to maintain their premises in a safe condition. When accidents occur due to unsafe conditions, the property owner or manager may be held liable for resulting injuries. This concept is known as premises liability.

Under Florida law, the duty of care owed by a property owner depends on the legal status of the person entering the property. Visitors are classified into three categories:
Trespassers

Individuals who enter the property without permission. Property owners generally owe the lowest duty of care to trespassers and may not be held responsible for injuries sustained by those illegally on their property.

Licensees

People who enter the property with the owner's consent for their own purposes, such as social guests. Property owners must warn licensees of known hazards that are not readily apparent.

Invitees

Individuals invited onto the property for business purposes or mutual benefit, such as customers in stores or restaurant patrons. Property owners owe the highest duty of care to invitees, including maintaining safe premises and taking reasonable steps to prevent injuries.

To establish a premises liability claim in Florida, the injured party must prove:
  1. The property owner owed a duty of care
  2. The property owner breached that duty
  3. The breach caused the injury
  4. Actual damages resulted from the injury

At Furdock Law, we specialize in premises liability cases and provide comprehensive legal support tailored to your specific needs. Our experienced attorneys understand the nuances of Florida's premises liability laws and work diligently to protect your rights.If you've been injured on someone else's property in Florida, it's crucial to act promptly. The statute of limitations for premises liability claims in Florida is four years from the date of the injury.

Common Types of Premises Liabilty Accidents

Incidents such as slipping in a grocery store, tripping in a warehouse, or stumbling in a vacant lot may occur due to a property owner's negligence in adhering to safety standards. If an accident can be attributed to the owner's failure to maintain the property safely, there may be grounds for a premises liability lawsuit.Some common types of property-related accidents in Florida include:

  • Slip and fall incidents
  • Falls from heights
  • Accidents due to broken or uneven sidewalks
  • Injuries caused by inadequate lighting
  • Accidents involving obstructions
  • Injuries from fallen debris or objects
  • Incidents on uneven flooring
  • Elevator or escalator malfunctions
  • Accidents due to missing or broken handrails on stairways
  • Injuries from malfunctioning doors or windows
  • Accidents involving negligently displayed merchandise
  • Exposure to toxic chemicals or fumes
  • Assault or theft resulting from negligent security
  • Fire-related injuries
  • Construction site accidents (including those involving faulty equipment or debris)
  • Electrocution incidents
  • Animal attacks
  • Drowning accidents

What Compensation Can I receive?

In Florida, victims of premises liability accidents may be eligible for various forms of compensation to cover expenses and damages resulting from the incident. At Furdock Law, we specialize in premises liability cases and can help you seek the following types of compensation:

  1. Medical expenses: This includes costs for both past and future medical care related to injuries sustained in the accident.
  2. Lost wages: Compensation for income lost due to the accident, including potential future earnings if the injury impacts long-term work capacity.
  3. Property damage: Reimbursement for any personal property damaged or destroyed during the incident.
  4. Pain and suffering: Non-economic damages to compensate for physical pain and emotional distress caused by the accident.

It's crucial to consult with an experienced premises liability attorney when pursuing a claim against a property owner or negotiating with insurance companies. At Furdock Law, we have extensive experience in Florida premises liability cases and can provide the legal support you need to maximize your compensation.

Schedule Your Free Consultation Today!

If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.

Get Legal Help
Trusted by countless satisfied clients

FAQ

Here are some frequently asked questions at Furdock Law regarding premises liability cases:
Why you need an experienced premises liability lawyer to handle your claim

Swift action is crucial to preserve evidence and communicate with property owners to protect your right to compensation.

Our experienced attorneys can expertly evaluate your case, determine its value, and identify the types of compensation you're entitled to under Florida law. We'll meticulously analyze the circumstances of your accident to prove negligence on the part of the property owner or manager.

Without proper legal representation, you risk not receiving full compensation for your losses due to unfamiliarity with Florida's premises liability laws. That's why it's essential to hire a competent, experienced lawyer who specializes in these cases and has a track record of securing fair compensation for clients.

At Furdock Law, we have extensive experience handling premises liability cases in Florida. We understand how injuries can disrupt your daily life and career, and we're committed to providing personalized attention to each client. You're not just a case number to us - you're an individual who deserves full compensation for injuries that weren't your fault.

We specialize in your specific needs, providing the legal support necessary to navigate Florida's premises liability laws. Our team will work tirelessly to ensure you receive the compensation you deserve for your injuries and losses.

For assistance with your Florida premises liability case, contact Furdock Law to learn how we can help you recover the compensation you're entitled to. Call us at (305) 484-9454 or email info@ferdocklaw.com to arrange a free and confidential consultation.

What should I do if I've been injured on someone else's property?

After sustaining an injury, it is crucial to take steps to safeguard your legal rights and health. Seek medical attention immediately to document your injury and ensure your long-term recovery is not compromised. If possible, take photographs of the accident scene to record conditions such as poor lighting, crumbling concrete, or spills. Collect contact information from any witnesses who can testify about the conditions and your fall. Additionally, inform the property owner about your accident.

Once these steps are completed, contact Furdock Law to protect your legal rights.

At Furdock Law, we specialize in addressing your specific needs and providing the legal support you require. Our team will ensure you avoid making statements or errors that could harm your claim and will represent you in negotiations with the insurance company.

How does premises liability work in Florida?

A property owner may be held accountable under Florida's premises liability statutes for injuries sustained on their land as a result of dangerous conditions. The injured person must, however, demonstrate that the owner of the property knew or ought to have known about the hazardous state that caused the accident and ought to have fixed it. This can be accomplished by demonstrating that the condition has persisted long enough for routine upkeep or care of the property to have identified it, that the owner of the property actually knew about the risk, or that the situation was predictable and occurred on a regular basis.

Should I contact an insurance company after an accident on someone else's property?

Generally speaking, after a premises liability accident, it's a good idea to consult with a personal injury attorney in Florida rather than contacting the insurance company. Despite their seeming compassion and reasonableness, the insurance company will make every effort to deny your claim and utilize the information you provide against you. It's likely that the first settlement offer you get is a low-ball offer. To ensure that your rights are upheld, a knowledgeable injury attorney can negotiate on your behalf with the insurance provider.

Is there a time limit on filing a premises liability claim?

In Florida, premises liability cases are subject to a strict statute of limitations. Injured parties must file their claim within 4 years from the date of the incident, or they risk losing their right to pursue legal action entirely. It's crucial not to delay in contacting an attorney, as evidence can deteriorate and memories fade over time, making it more challenging to establish liability and demonstrate the full extent of damages.

At Furdock Law, we understand the complexities of premises liability cases in Florida. Our experienced attorneys can evaluate your case, explain your rights, and work diligently to secure the compensation you deserve. We handle a wide range of premises liability accidents, including slips and falls, elevator accidents, construction site incidents, hotel mishaps, parking lot accidents, and more.

In Florida, property owners have varying levels of responsibility depending on the status of the visitor. For business invitees, such as shoppers or hotel guests, owners must maintain reasonably safe conditions, inspect for hazards, and warn of known dangers. For social guests (licensees), owners must keep the property safe and warn of known hazards. Trespassers are generally owed the least duty of care, except in certain circumstances.

If you've been injured on someone else's property in Florida, it's essential to seek medical attention promptly and then consult with a knowledgeable premises liability attorney. At Furdock Law, we specialize in your specific needs, providing the legal support necessary to navigate these complex cases.Don't let time slip away and jeopardize your right to compensation. Contact Furdock Law at (305) 484-9454 or info@ferdocklaw.com for a consultation and let us help you understand your legal options.

What do you need to prove for rocovery inapremises liabiity case?

To establish a valid premises liability claim in Florida, you must demonstrate that the property owner or occupier bears responsibility for your injuries and damages. This involves proving their negligence, either through action or inaction, directly led to your harm.

Additionally, you need to show that the property owner was aware of the hazard or defect causing your injuries, or had sufficient time to discover it, yet failed to take reasonable measures to address the issue or provide adequate warning.

In Florida, property owners have a legal obligation to maintain safe conditions for visitors. This duty varies depending on the visitor's status - invitee, licensee, or trespasser. Invitees, such as customers in a store, are owed the highest duty of care.

Common premises liability cases in Florida include slip and fall accidents, inadequate security leading to assault, dog bites, and swimming pool accidents. To succeed in your claim, you'll need to gather evidence such as photographs of the hazardous condition, witness statements, and medical records documenting your injuries.

It's crucial to act promptly after an incident, as Florida has a statute of limitations for filing premises liability claims. Seeking immediate medical attention and reporting the incident to the property owner are essential steps.

Get Your Free Case Review

If you're ready to pursue the compensation you deserve, contact our office today or complete your free case evaluation form:

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.