Protecting Victims Of Dangerous Premises Accidents
On This Page
- 1 Protecting Victims Of Dangerous Premises Accidents
- 1.1 Who Is Liable?
- 1.2 Premises Liability And Florida Law
- 1.3 Uniform Standard of Care In Premises Liability
- 1.4 Were You On The Premises Legally?
- 1.5 Types of Premises Liability Claims
- 1.6 Collect Money For Your Injuries
- 1.7 Expert Legal Help For Premises Accident Victims
Premises Liability refers to an area of personal injury law that holds property owners and managers liable when accidents and injuries occur on their property, either inside or out. Premises Liability claims cover everything from simple slip-and-fall accidents due to slippery or otherwise hazardous conditions, to injuries suffered on a theme park rides. There are also many other areas in between that are governed by the same set of laws.
No matter what the injury, if you have been hurt on someone else’s property, the premises liability attorneys at Winters & Yonker are here to help. We are committed to reaching a reasonable settlement or judgment in your case that accounts for all the pain, suffering, and resulting issues that arise from an injury on someone else’s property.
Who Is Liable?
The degree of liability assigned to property owners, managers, and occupiers is typically managed state-to-state and Florida law grants certain rights and privileges in premises liability cases that some other states might reject. For this reason, it is important to know the facts. Who is liable for your injury? Even if you were partly to blame, could you still have a case? Our premises liability lawyers have the answers. Call us today at 888-373-7770 and speak to an attorney about your case for free.
We fight aggressively to help Florida residents who have been injured in premises liability cases recover all the compensation they deserve, and we want to do the same for you. If you or someone you love has been injured on someone else’s property under any circumstance, there are many things we can do to ensure you get a fair, reasonable settlement or judgment. We start by speaking with you personally and build your case based on the following:
- The estimated cost of damages directly related to the accident
- Collected evidence that proves the property owner, manager, or occupier’s liability
- A money amount that reflects reasonable damages and injury-related costs, both immediate and ongoing
- An attempt to an agreement of settlement negotiating a settlement with the property owner, insurance company, or occupier
In a majority of premises liability cases, a reasonable settlement can be reached. That settlement, however, needs to account for present and future expenses related to your injury. When both sides have difficulty agreeing on those numbers, the matter is taken to court.
We have a proven track record for getting favorable results in premises liability cases. We can help you understand your legal rights and give you quality, expert advice on how to proceed with your case.
Premises Liability And Florida Law
Florida property owners are under obligation to keep their premises as safe and secure as possible. Florida law requires property owners to fix or eliminate hazards on their property and adequately warn when known dangers are present. When property owners show negligence in maintaining their premises, and that negligence results in injury to a visitor, the injured party is entitled to recover compensation for resulting injuries. In the state of Florida, a property owner is considered negligent if it can be proved that:
- He or she knew (or should have known) about the presence of the hazard
- He or she failed to repair or remove the problem
- He or she failed to provide adequate warning prior to repair or removal
Uniform Standard of Care In Premises Liability
Uniform Standards of Care exist to ensure that properties are maintained in a manner that keeps them in perpetually safe condition and posing no measurable threat of injury toward persons who legally enter. These standards impose specific obligations upon property owners to always take reasonable care to maintain an environment of safety throughout the property.
Property owners and occupiers are under legal obligation to warn of and swiftly remedy any problem on the property that has potential to cause injury. At Winters & Yonker, we work tirelessly to determine the facts in your case. We will discover if the owner knew the danger existed and proceed appropriately from there to obtain the fairest and reasonable judgment the law allows you to collect.
Were You On The Premises Legally?
The legality of a person being on someone else’s property plays a large part in determining who is at fault in premises liability accidents. If you lived, worked or had any other business being on the property and were present at the owner’s consent at the time of your injury, you are likely to have an actionable case.
Persons who come onto a property uninvited, however, or whose right to be there is unclear do not have the same rights as someone who “belongs” there under Florida law. The law still mandates that property owners give ample and reasonable warning of possible dangers that exist within the premises.
Property owners owe visitors different levels of care based on the nature of and reason for the visit. The law classifies property visitors in several basic ways:
Invitees: those who have been invited to both enter and remain on the premises for the commercial benefit of the owner. This includes retail stores, restaurants, movie theaters, theme parks and other forms of entertainment and commerce.
Licensees: includes friends, family, and other social guests. Unlike a business, homeowners are typically only held liable for known dangers and hazards but case details vary (as does the way the law applies to them).
Trespassers: An owner’s obligation to is significantly lower when applied to trespassers unless the owner has intentionally created hazardous situations. In other words, an owner cannot set traps or create other injurious situations as a deterrent to trespassing.
Determining uniform standards of care is in the context of your case is determined by a number of things, including, but not limited to:
- The understood and normal use of the premises
- Under what circumstances the plaintiff entered the premises
- The overall foreseeability of trouble or danger for both the injured and the property owner
- The advance issuance of fair warning by the property owner
- The overall state of repair on the property when the accident occurred
Make no mistake: Winters & Yonker will hold accountable any property owner or occupier who fails in his or her obligation to repair, remove, alert, or warn visitors of hazardous conditions that exist on the property. We can – and will – determine whether or not the owner had knowledge of the hazardous condition prior to your injury and proceed appropriately with that knowledge.
What if the Owner Was Unaware of the Danger?
This is a definite possibility, but it does not, in any way, relieve the owner of liability. A Florida property owner can be found liable in a premises liability case whether he or she knew the danger existed at the time the accident occurred. There are fewer civil penalties that apply if it can be proven that the owner had no advance knowledge of a problem, but the injured person can – and should – still bring a case.
If you feel that a property owner breached his or her duty of care and that breach caused you or someone you love to be injured, call Winters & Yonker today at 888-373-7770. Speaking with an attorney with a proven record of helping victims of premises liability accidents will help you better understand your rights and make the right decision about who should represent you. The call and advice are both free and you are under no obligation to hire us.
Types of Premises Liability Claims
Our premises liability attorneys handle claims involving all of (but not limited to) the following:
Swimming Pool Accidents: Pools that are not properly protected by a fence or barrier are common causes of accidents and fatalities. The owner who fails to adequately secure swimming pools is likely to be found liable for any injury or death that occurs there.
Amusement Park Accidents: In Florida, there are many theme parks and attractions where accidents are common. Such accidents can run the gambit between minor injuries and fatal accidents. Even if you signed a waiver, the property is not always exempt from liability.
Slip and Fall Accidents: Slip and falls typically occur when the victim has not been adequately alerted of common hazards. Those hazards often include wet floors, icy walkways, slippery walking surfaces, and uneven pavement.
Negligent Security Procedures: Florida property owners are required to provide security if the property is located in an area known to attract crime. The owner can be held liable if a victim is attacked.
Elevator and Escalator Accidents: People injured due to malfunctioning elevators or escalators may be entitled to collect on a premises liability claim.
Collect Money For Your Injuries
Your Winters & Yonker premises liability lawyer may be able to help you collect compensation for any of the following (along with any other expenses incurred as a result of your injury):
Medical Bills: Injured parties can often collect compensation for medical expenses incurred as a result of the injury. This includes money for doctor visits, surgery, physical therapy, prescription medication, and future long-term medical care.
Lost Wages:Premises accident victims can often be compensated missed work resulting from the injury. Compensation for decreased future ability to earn is also factored into many personal injury cases, including premises liability.
Pain and Suffering: Premises liability law entitles injured persons to compensation for lasting physical and emotional pain that results from their injuries.
Wrongful Death: When someone dies as a result of another person’s negligence, the victim’s estate is often able to file a wrongful death lawsuit on the victim’s behalf. Families of the deceased stand to collect compensation for financial damages, including income lost as the result of their loved one’s death. This is on top of damages for pain and suffering, mental anguish, and emotional distress.
Expert Legal Help For Premises Accident Victims
If you have been injured on someone else’s property, no matter why you were on the premises, even if you think you might be partly to blame, call us today at 888-373-7770 or contact us online to discuss your case. You may be surprised to learn what rights you actually have and how much you stand to collect, especially if you have already been offered an insurance settlement. Do not let a property owner or insurance agent sell you short on a settlement. Learn your rights as an injured person.