Premises liability lawsuits involve accidents that occur on another person’s property. Fort Lauderdale slip and fall cases are the most common type of premises liability claims, but there are others, as well. Criminal acts due to poor lighting and improper security, fires, and unsafe swimming pools are all factors in premises liability claims, too.
While premises liability claims are common, they are extremely complex. Your claim will depend on the type of visitor you were at the time of your accident, and certain factors may also impact your claim. If you have been hurt on another person’s property, our Fort Lauderdale premises liability lawyer can advise you of your legal options.
Why Hire a Fort Lauderdale Premises Liability Lawyer
At Rosen Injury Law, P.A., we know that any type of personal injury can transform your life and that of your loved ones, and that is not fair. The law allows you to take steps to recover damages you suffered from those who caused you these losses, but it is up to you to demonstrate what those losses are. There are several reasons why hiring a Fort Lauderdale premises liability lawyer is so critical:
- Insurance companies look for ways to reduce compensation. Any property owner will defer to their insurance company to pay for your losses, but insurance companies are uniquely skilled at finding holes in your statements to use against you.
- Our experience means we know how to get results. With years of experience fighting for clients and a proven track record of recovering millions of dollars in losses for victims, you can count on us.
- The burden of proof is on your shoulders. That makes it very difficult to seek fair compensation. We know how to get the proof and build an evidence-based claim.
With the guidance of a Fort Lauderdale premises liability attorney, you gain the valuable insight necessary to recover all of the damages owed to you under the law. We do not aim for just a fast settlement but a fair recovery of those losses. Without legal guidance, you could be missing key opportunities for damages that are rightfully yours.
Types of Premises Liability Claims Our Fort Lauderdale Attorneys Handle
Premises liability applies to virtually any situation where a victim is rightfully on the property, and the owner did not do what was expected to ensure the visitor’s safety. There are many ways this can happen. Our legal team often helps victims with cases such as:
- Broken concrete, potholes, or other dangerous parking lot or sidewalk injuries
- Slip and falls at retail locations due to unsafe conditions
- Construction site injuries
- Swimming pool injuries
- Trampoline injuries
- Dog bite injuries and losses
- Elevator accidents
- Missing or inferior stairs and steps
- Negligent security
- Amusement park injuries
- Falling objects
If you believe your injuries were due to a lack of maintenance, poorly communicated risks, or due to negligence of other types, call a Fort Lauderdale premises liability lawyer from our firm for a free consultation. There is no risk – we do not charge you anything if you do not win your case. Let us answer all of your questions.
Our Fort Lauderdale Premises Liability Lawyer Can Advise You of Your Status
Not all accident victims injured on another person’s property are treated equally. The viability of your claim will depend on your status at the time you were hurt. There are three different categories of visitor status in Fort Lauderdale, and they are as follows:
- Invitees: Invitees have the highest level of protection in premises liability claims. Invitees are people that have been invited onto the property to conduct business, such as a shopper in a retail store. Business owners owe invitees the highest duty of care and they must keep the property clear of hazards or defects that could cause an accident.
- Licensees: Licensees include people who are on a property for non-business reasons, such as those that attend a friend’s house for a party. Property owners must keep licensees reasonably safe, but the duty of care is not as high as it is for invitees.
- Trespassers: Property owners do owe a duty of care to trespassers, but it is relatively low. If a property owner becomes aware of a trespasser on their property, they may have to warn them of any dangerous conditions. Also, property owners do not have the right to try and physically harm trespassers.
While the above categories may seem straightforward, that is not always the case. A Fort Lauderdale personal injury lawyer can advise you of your status and how to proceed with your claim.
Our Fort Lauderdale Premises Liability Lawyer Advises of Circumstances that May Affect Your Case
There are many special considerations that may affect your premises liability claim. The three most common of these are as follows:
- Landlords and tenants: Cases involving landlords and tenants are very complex because these two parties are responsible for different parts of the premises. Accidents caused by unsafe conditions in common areas are usually the responsibility of a landlord, while unsafe conditions inside the unit are typically the responsibility of the tenant.
- Children: You may have additional responsibilities to children that wander onto your property, even if they are trespassing. This is particularly true if you have an attractive nuisance, such as a swimming pool, on your property.
- Government entities: People often become hurt on public property that is the responsibility of the government. These cases are extremely complex, are governed by different rules, and usually have shorter deadlines.
The above are just a few factors that make premises liability claims so complex and why it is always important to have a lawyer review your case.
Types of Losses You May Be Owed in a Premises Accident Case
When someone else is responsible for your injuries and losses, you have the right to seek compensation for them. The severity of your injuries, the circumstances involved, and numerous other factors play a role in what your premises liability claim may be worth. Some of the types of compensation you may be able to recover include:
- Medical care costs: This includes current medical care costs from the accident and your recovery, as well as any costs associated with future medical care you may need. Examples may include medication, surgery, medical interventions, therapy, and supportive care.
- Wage losses: You may miss work for some time due to your injuries. You may be owed compensation for lost wages, bonuses, benefits, retirement contributions, and other associated losses, including loss of wage-earning ability if you have permanent injuries.
- Pain and suffering: Both from the time of the accident through your current situation, you may have significant pain and suffering impacting your life.
- Emotional distress: Such incidents can be terrifying, and that can lead to trauma, anxiety, and depression, especially when long-term recovery is limited.
Our Fort Lauderdale premises liability lawyer will examine the impact on your future, health, length of life, relationships, and the quality of your life. We gather evidence from medical experts, witnesses, and your family and friends to help document the impact this incident has had on your life.
Do Not Wait to Act – There Is a Time Limit
The statute of limitations in Florida for personal injury claims, including for premises liability, is typically two years. This means that most people have two years from the date of their accident to file a lawsuit against the at-fault party.
Your lawyer does not want this to end up in court because it is a longer, drawn-out process. Most of the time, our experience and dedication to accuracy and detailed claims allow us to ensure the insurance company settles your case fairly out of court. That helps you get your settlement faster.
However, in situations where they will not provide fair compensation or treat you properly, we will seek legal action in a court of law. Because of this two-year statute of limitations, we strongly encourage you to act now so there is plenty of time to take legal action and hold them accountable.
What You Do After a Premises Laibility Accident Matters
In the moments after a premises accident, focus on keeping yourself and others safe. However, if it is safe to do so, there are several steps you can take to protect your case and your right to compensation.
- Take photos of the scene and what the damages are. If you can take a video of the area, it could help demonstrate what the cause of the accident was.
- Get the name and contact information for anyone involved as well as any witnesses that saw what happened or the aftermath.
- Inform the property owner of the injury and accident. Do so as soon as possible. You may need to tell their insurance company about the incident. Do not file a claim just yet.
- Get medical care. Go to the hospital to get a clear diagnosis of all of your losses. This will help back up your claims later.
- Do not wait to get legal help. Our team can help you from the start of your case.
A Fort Lauderdale premises liability lawyer can help you recover your losses fairly. Do not wait to get the legal guidance you need.
Call Our Premises Liability Lawyer in Fort Lauderdale Today
If you have been hurt on another person’s property, do not wait to speak to a Fort Lauderdale premises liability lawyer. At Rosen Injury Law, P.A., our skilled attorneys will help you overcome the challenges these claims present so you can receive the full compensation you need. Call us today at 954-787-1500 or contact us online to schedule a free consultation.