When someone is injured on another party’s property, the property owner or responsible party could be liable for the victim’s injuries. Florida premises liability laws require owners and managers to provide safe premises for guests and invitees. The laws hold negligent parties responsible for damages when they breach their duty of care.
Thomas C. Grajek, Attorney At Law has over 25 years of experience in personal injury law. Our firm is focused on protecting accident and injury victims by fighting to obtain the compensation they need and deserve. We have a successful track record of winning favorable outcomes for our clients in Lakeland, Florida, and beyond.
Contact us online or call us today at (863) 999-9000 to schedule a free consultation with our Lakeland premises liability lawyers.
How Thomas C. Grajek, Attorney At Law Can Help You With a Premises Liability Claim in Lakeland, FL
For decades, Thomas C. Grajek, Attorney At Law, has represented Floridians and helped them obtain fair compensation for personal injury cases. We are passionate about protecting our clients’ best interests. If you’ve been injured because of another party’s negligence or intentional acts, we want to help you hold them responsible for the harm you have experienced.
When you hire our top-rated Lakeland personal injury lawyers, you can trust that we will:
- Listen as you explain what happened to you and how you were injured on someone’s property
- Investigate the circumstances leading to your injuries to gather evidence and proof of liability
- Work with the best expert witnesses in their fields, as necessary, to gather additional evidence supporting your claim
- Document your damages to determine the value of your premises liability claim
- Handle all matters related to insurance settlements and claims
- Defend you against allegations of blame and comparative negligence
- Negotiate fair personal injury settlements based on the value of your damages
- Litigate your case in court and advocate for you at trial if necessary
Call Thomas C. Grajek, Attorney At Law, to schedule a free case evaluation with an experienced Lakeland premises liability lawyer.
Overview of Premises Liability Laws in Lakeland, FL
Premises liability is a type of personal injury that occurs because of dangerous or hazardous conditions on another party’s property. Florida law requires property owners to reasonably maintain their premises for guests and visitors. The level of care required by a property owner depends on the classification of the person who comes onto the property.
Florida premises liability laws divide visitors into three categories:
Invitees
The property owner indirectly or directly invites these individuals onto the premises. The purpose of entering the premises is for business that benefits the property owner.
Property owners owe a high duty of care to invitees. They must inspect the premises to identify hazards, correct dangerous situations, and provide adequate warnings until the danger is removed or corrected.
Licensees
These individuals have the owner’s consent to enter the property, including guests invited by the owner. A licensee enters the property for personal reasons instead of business purposes. For example, a guest at a person’s home would be a licensee.
While the property owner is not required to actively inspect the premises for dangerous conditions, they have a duty of care. The owner must warn licensees of dangers that the owner knew or should have known about. If they fail to warn a licensee, the owner could be liable if the person is injured.
Trespassers
Property owners are not required to maintain safe premises for trespassers who are on the property without the owner’s consent. However, there are some exceptions for children when an attractive nuisance is on the property.
An attractive nuisance is a dangerous condition or object that could attract children. The property owner could be liable if a child is injured on the property if the owner did not take reasonable care to prevent a child from entering the property to get to an attractive nuisance.
Examples of Premises Liability Claims in Lakeland, FL
Premises liability covers a wide range of injuries that occur on another party’s property.
Examples of situations that can lead to a premises liability claim include, but are not limited to:
- Amusement park accidents
- Slip and fall accidents
- Injuries at resorts and hotels
- Inadequate lighting
- Uneven flooring
- Dog bites and animal attacks
- Negligent security
- Exposure to dangerous substances
- Assault and violent acts
- Bed bugs at resorts, hotels, rental units, etc.
- Falls and accidents at grocery stores, shopping malls, gas stations, and other businesses
- Injuries and accidents at parks and recreational facilities
- Swimming pool accidents
Not all injuries on another party’s property qualify for a premises liability claim. The injured party has the burden of proving negligence or intentional acts to recover compensation for injuries.
What Should I Do if I’m Injured on Someone Else’s Property in Florida?
The steps you take after an accident or injury can significantly impact the outcome of your premises liability claim.
Steps to take after an injury include:
- Call 911 for emergency medical services for serious injuries
- Report the injury to the property owner or other responsible party
- Take photographs and make a video of the accident scene, ensuring that you capture the hazard that caused your injuries
- Seek immediate medical treatment to document your injuries
- Keep copies of all documents relating to your claim
- Document your out-of-pocket expenses, medical bills, and loss of income
- Avoid providing recorded statements or answering questions for an insurance company or the property owner before consulting with an attorney
Schedule a free consultation with an attorney to discuss your case as soon as possible. A premises liability lawyer understands the law and can help you gather evidence proving your case.
Legal Requirements for Proving Fault for a Premises Liability Claim in Florida
When you accuse a property owner or responsible party of premises liability, you must provide evidence establishing each of the following elements:
- A legal duty of care existed requiring the property owner or other responsible party to warn of dangers based on your status as a visitor on the property
- The party failed to meet its standard of care by taking reasonable steps to provide safe premises and/or warn of dangers
- The dangerous condition was the direct and proximate cause of your accident
- You sustained injuries and incurred damages because of the party’s breach of duty
The burden of proof in a civil claim is by a preponderance of the evidence. A jury must believe it is more likely than not that your allegations are true rather than not true. In other words, there is a greater than 50% chance that the other party caused your injuries.
Premises Liability Accidents Can Cause Traumatic Injuries and Deaths
An accident on another party’s property could result in serious injuries.
Common injuries victims sustain in a premises liability accident include:
- Head injuries and traumatic brain injury
- Internal organ injury
- Soft tissue injuries
- Fractured and broken bones
- Back injuries
- Severe burns
- Poisoning
- Electrocutions and electrical injuries
- Neck injuries
- Spinal cord injuries and concussions
- Amputations and loss of limbs
Delays in medical care could cause injuries to worsen. It could also result in disputes about whether your accident caused your injuries. Seek immediate medical treatment after an accident to document your injuries with medical records.
What Damages Are Available for a Premises Liability Claim?
An accident can result in numerous types of economic and non-economic damages.
Examples of damages in a premises liability case include:
- Pain and suffering
- The cost of medical treatment and care
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Household services and personal care
- Loss of enjoyment of life and quality of life
- Impairments and disabilities
- Lost wages, future earning capacity, and employment benefits
- Scarring and disfigurement
- Rehabilitative therapies
The value of a premises liability claim depends on the factors in the case. An experienced lawyer can explain what your case may be worth after reviewing the circumstances surrounding your accident during a free consultation.
What Is the Deadline to File a Premises Liability Lawsuit in Florida?
There is a two year statute of limitations for most premises liability lawsuits in Florida. You must file a lawsuit within two years after the injury date or lose your right to file a legal claim.
However, exceptions to the rules could change the deadline in your case. Therefore, seeking prompt legal advice after an accident or injury is best. Talking with an attorney as soon as possible can also help build a stronger case because you can preserve evidence and have help navigating the claims process.
Schedule a Free Consultation With Our Lakeland Premises Liability Lawyers
You may have to fight for the compensation you deserve. Property owners often deny liability for claims, and insurance companies undervalue damages to avoid paying. Our legal team at Thomas C. Grajek, Attorney At Law, takes up the fight for you so you can focus on your recovery. Call us today for a free case review with a Lakeland premises liability attorney.