Were you recently assaulted, hurt in a slip and fall, or otherwise injured because of a property owner’s negligence in Clearwater, Florida? If so, you could have a valid claim for damages to cover the costs of your medical treatment, make up for lost wages, and compensate for your pain and suffering. The experienced Clearwater premises liability lawyers at Winters & Yonker Personal Injury Lawyers can help you fight to achieve a favorable outcome.
For more than two decades, Winters & Yonker Personal Injury Lawyers has been a leader in personal injury litigation in Clearwater and the greater Tampa Bay area. Our attorneys have over 119 years of collective experience handling complex injury cases like workplace accidents, Clearwater maritime accidents, train accidents, assault injuries in Clearwater, Lyft accidents, child injuries, and more.
Together, we’ve won millions of dollars in life-altering compensation for our deserving clients.
Let us help you level the playing field against tough insurance companies and stubborn property owners. Contact or call our law office in Clearwater, FL, to learn more about how we can help at (727) 493-4418. Your initial case evaluation is free.
How Winters & Yonker Personal Injury Lawyers Can Help With Your Premises Liability Case in Clearwater, FL
How can you prove that a property owner was negligent? What kind of evidence will you need to win your case? What can you do if the owner or their insurance company tries to turn the tables and blame you?
The good news is that you don’t have to handle issues like these on your own. In fact, our Clearwater personal injury lawyers are ready to represent you and take care of every aspect of your fight for compensation.
We’re award-winning, nationally acclaimed Florida trial attorneys who have a long history of getting top results for our clients. How? By investing the resources, passion, and experience needed to win every time we take a case.
Our client-centric approach will give you the opportunity to focus entirely on your road to recovery while remaining fully aware of what’s going on in your case as we:
- Investigate your accident
- Identify how the property owner was negligent
- Determine the appropriate duty of care that was owed to you under Florida law
- Gather evidence to support your premises liability claim
- Consult with medical professionals and injury specialists
- Defend against claims that you share fault for your accident and resulting injury
- Handle negotiations with the property owner and/or their insurance company
- Offer guidance as you’re asked to make important decisions about the resolution of your premises liability settlement
If the insurance company refuses to give you a fair settlement offer, our top-rated Florida litigators will be fully prepared to bring your case to trial in Pinellas County.
Our law firm operates on a contingency fee basis. We don’t get paid unless we win your premises liability case. Contact our law office in Clearwater to set up a free consultation to learn more.
What Is Premises Liability?
Premises liability refers to a property owner’s legal obligation to take steps to protect guests and visitors on their premises.
In Florida, there are generally four classifications into which a visitor can fall:
- Business invitee
- Public invitee
The specific duty of care owed depends on a visitor’s legal status.
Business invitees are individuals who visit premises for a purpose that will benefit the owner. You’d be considered an invitee if you went grocery shopping, grabbed a meal at your favorite restaurant in Clearwater, or received treatment at the hospital. The owner of the store, restaurant, and hospital all benefit from your visit.
Public invitees are individuals who enter premises that are open to the public. So, you might be considered a public invitee if you go to a local park or down to City Hall.
When it comes to invitees, owners assume a high duty of care. Generally, they must inspect the premises for hazardous conditions, repair dangers upon discovery, and warn about known risks.
Licensees may also visit premises with the consent of the owner, but their visit is purely personal. For instance, you’d be considered a licensee if you went to a grocery store or restaurant simply to use the restroom. The owner doesn’t benefit in any way from your visit. Florida law also recognizes “invited” licensees, which you would be considered if you visited a friend for a dinner party.
When it comes to licensees, property owners have less of a responsibility to protect against foreseeable harm. Generally, property owners must fix or repair hazards that they know or should know about through the ordinary care of the premises. Licensees should also receive fair warnings about known risks.
A trespasser enters the property without the owner’s permission. Under Florida law, property owners generally do not assume a duty of care to protect trespassers.
There is one exception, and it involves trespassing children when an attractive nuisance is on the property. An attractive nuisance is something like a swimming pool or heavy machinery that children might be interested in playing with that could pose a serious risk to their health.
When a property owner fails to satisfy the duty of care owed to a visitor and the visitor gets hurt, the owner can be financially responsible for the consequences.
What Do I Have To Prove To Win a Premises Liability Lawsuit?
Premises liability cases in Florida are a matter of negligence.
So, when you file a premises liability lawsuit, you have to establish that the property owner or another liable party was negligent in the maintenance of their premises.
Specifically, you’ll need to prove:
- You were lawfully on the premises with the owner’s consent
- A hazardous condition or danger existed on the premises
- The hazard would not have existed if the property owner had met the duty of care owed to you under the law
- This hazardous condition caused you to get hurt or contributed to your injury
As the plaintiff, you carry the burden of proof. In Florida, you must prove your case by a preponderance of the evidence. Simply put, your allegations must be more likely true than not.
We Handle All Types of Premises Liability Cases in Clearwater
Premises liability is a broad term that includes many types of claims, including:
- Sexual assault
- Slip and fall accidents
- Falling object accidents
- Warehouse accidents
- Negligent security
- Elevator and escalator accidents
- Exposure to toxic chemicals
- Swimming pool accidents
- Dog bites and animal attacks
If you’ve gotten hurt on someone else’s property in Clearwater, reach out to our experienced premises liability attorneys for help. We will review the details of your story and help you identify the legal options you may have.
What Compensation Can I Get If I’ve Been Injured on Someone Else’s Property in Clearwater?
When you file a premises liability claim, you can seek compensatory damages to cover your financial losses and the suffering you’ve endured.
Damages often awarded in premises liability matters include:
- Medical bills
- Lost wages
- Physical therapy
- Nursing assistance
- Personal care assistance
- Pain and suffering
- Depression and anxiety
- Scarring or disfigurement
- Loss of consortium
- Loss of enjoyment of life
At Winters & Yonker Personal Injury Lawyers, our premises liability attorneys in Clearwater will work closely with respected experts throughout your case. We’ll rely on their significant expertise and insight as we work to appreciate how your accident has changed your life.
The more time we take to understand your injuries and trauma, the better prepared we’ll be to win an award that represents what your premises liability case is worth.
What’s the Time Limit To File a Premises Liability Lawsuit in Florida?
If you’ve suffered broken bones, a traumatic brain injury, spinal cord injury, burns, or other catastrophic injuries in an accident on someone else’s property, you’ll have up to two years to file a premises liability lawsuit in Clearwater, Florida.
If a family member has died in a fatal accident on another person’s property in Clearwater, you will also have just two years to initiate a wrongful death lawsuit.
There may be some situations when a different statute of limitations applies. This is often seen in situations when there’s a delayed diagnosis or a victim is a child. Likewise, if you were injured before March 24, 2023, you will have four years to file a negligence claim.
However, once the deadline comes and goes, you lose the opportunity to assert your rights and demand compensation.
Set Up a Free Consultation With a Clearwater Premises Liability Lawyer Today
Don’t let much-needed compensation slip away. Don’t let property owners or their insurers push you around. Call Winters & Yonker Personal Injury Lawyers, and have our top-rated Clearwater premises liability lawyers help you fight back.
With over a century of experience between us, we fully appreciate what you are up against and what it will take to get the results you deserve.
Now is the time for you to rest and recover. Give our law office in Clearwater, Florida, a call to get us in your corner. We will take care of your premises liability lawsuit so that you can focus on the future. Your first consultation is free, so reach out to schedule yours today.