Tampa Premises Liability Lawyer
What Do Premises Liability Attorneys Do?
What is premises liability and how can a premises liability lawyer help?
The services of a Tampa premises liability lawyer may be needed when a property owner is negligent in maintaining their property, resulting in a personal injury. Premises liability refers to the responsibility that every property owner has, whether it involves negligent security, (requiring a negligent security attorney, depending on its complexity), or a premises slip and fall, requiring the services of premises slip and fall attorney. Oftentimes premises liability attorneys are called on to file a lawsuit against a property owner that has failed to maintain their property and ensure that it is safe and in reasonable condition.
If they fail to do so, and if somebody sustains an injury because the property is not properly maintained or is unsafe, premises liability attorneys can file a lawsuit on behalf of the injured party, in order to hold the owner accountable for any damages that the injured party may incur. This is because the owner will be considered negligent towards their responsibly. If you live in Tampa, Florida and have been injured due to the negligence of a property owner, you should speak to a Tampa premises liability lawyer as soon as possible.
Common Examples of Premises Liability Cases Our Tampa Attorneys Handle
Most premises liability cases involve properties that are accessible to the general public but are not properly maintained. This lack of maintenance often results in serious injuries to people who happen to visit those locations. Some common examples of premises liability cases include:
- Slip and fall accidents in stores and other places of business.
- Hotel pools, gyms and other common element areas where guests engage in different leisure activities.
- Lack of proper lighting in parking garages, ramps, and other similar locations.
- Unsafe, defective or poorly maintained equipment and/or rides in public parks and theme parks.
- Improper containment of dogs in areas accessible to the general public or keeping a dog in a certain location without warning people about it.
- Improperly maintained lifts or lifts that do not function properly.
- Defective products or merchandise that is sold to consumers
- Injury in business areas and workplace as well as public places and private property due to untrained or negligent staff, security personnel and/or other employees.
These are just a few examples of accidents that could occur on a certain property. All these accidents are preventable if only the owner would demonstrate a sense of responsibility. Whenever they fail to do so, they are held liable for any injuries or damage that would result from their improperly maintained property. Talk to a Tampa premises liability lawyer in Tampa, Florida if you have sustained an injury that falls under this category.
Whenever an owner fails to maintain their property properly, or they fail to fix any issues in time, any person who gets injured because of this negligence can file a premises liability claim against that owner. Talk to a Tampa premises liability lawyer for more information. Whether it’s a hotel injury, a business injury or an injury in a public place or a private property, you need to speak to a Tampa premises liability lawyer to find out your legal options.
Who Has a Legal Duty To Provide Safe Premises?
There are many types of properties where the owner has a moral, ethical and legal obligation to provide safety and security. This includes hotels, apartment buildings, townhome communities, sports clubs, and other membership clubs, swimming pools, etc. For all these properties, it is the owner’s responsibility to ensure the place is safe for members, patrons, tenants, and guests. If they fail to demonstrate this care, they can be held accountable if somebody sustains an injury because the premises were not safe or properly maintained. This is not a small matter. There have been many cases in Tampa, Florida where an innocent person was killed or seriously injured because the premises were hazardous or dangerous.
If you have been hurt and if you strongly believe you have a case against the owner on the grounds of premises liability, you need to speak to a Tampa premises liability lawyer immediately. On-site negligence is a major problem these days. For example let’s say that a grocery store has negligent security in place, such as a poorly lit parking lot in order to protect its customers.
Let’s say that a customer slips and falls due to an unseen obstacle, and suffers severe injuries. In this instance, a negligent security lawyer should be contacted immediately to file a lawsuit to be compensated for injuries sustained in the fall. Such matters should be brought to attention so that not only can you get compensation for your injuries but you can also protect others from being injured the same way.
Is a Premises Liability Attorney Required to Make a Claim for Premises Liability?
There are many situations where you are owed a duty of care by the owner which they may fail to provide. If you suffer injuries, you can file a claim on the basis of premises liability. For example:
- If you were visiting a store, a place of business, a private residence or any other location and if you have a slip and fall accident, you can file a premises liability claim against the owner if your slip and fall accident was the result of some negligence in that property. For instance, if the floor was wet, but the owner did not make any effort to put any warning signs; or if there was a ladder and you crash into it without expecting it to be there, etc. If this has happened to you, call a Tampa premises liability lawyer and find out how you can get compensation for your injuries.
- There are also situations where accidents occur at construction sites. Most of the time people who get injured in such a situation are employees who are working at the site but who get injured because the owner of the construction company or the supervisor/manager managing the construction site fail to exercise proper caution and are unable to ensure that the construction is safe for its employees. If you are a construction worker who was seriously injured at a construction site due to no fault of your own, you can file a premises liability claim with a construction site accident lawyer, against the party responsible for ensuring the proper maintenance of that site. Call a personal injury lawyer today for more information.
- If somebody drowns in a hotel pool or a public pool or any other private establishment which has a pool and which was open to guests or members, the owner can be held liable for lack of maintenance of the pool or lack of proper safety staff on the pool premises to ensure that if any guest or patron was at risk in the pool, they could be rescued.
- If someone in your family is or was in a nursing home and suffered injuries because of unsafe equipment or living space in the nursing home, you can file a claim against the owner and/or management of the nursing home. Many times, senior citizens and severely ill patients are mistreated in nursing homes. They are often not closely monitored, are given faulty equipment or are put in spaces which may be cramped, dirty or unsafe. This is a definite case of premises liability. Talk to a Tampa premises liability lawyer for more information if you believe that your loved one sustained injuries in a nursing home because of the owner or manager’s negligence.
- There are certain premises that require proper safety and security to be safe for others. These could include places of business, rental properties, shopping malls, banks, restaurants, gas stations, schools, universities, airports, nightclubs, daycare facilities, nursing homes, hospitals, office buildings, etc. These are all places that see a constant flow of people throughout the day and sometimes at night. The owners of these businesses/properties are required to maintain proper security on these premises. If they fail to so and if somebody gets injured, the victims can file a premises liability case against the owner.
These and many other similar situations can result in accidents on premises that were expected to be properly maintained, secured and safe. Talk to a premises liability attorney to find out how you can get justice if you sustained injuries in any of the premises mentioned above or any other similar location.
Are the Owners Always Accountable for Injuries on Their Premises?
As per the law in Florida, owners of retail businesses, restaurants, private residences, apartment buildings, and public property are responsible for ensuring that their property is well-maintained, safe and free from hazards. However, you have to keep in mind that the owner may not be liable for all injuries that result on these premises. For example, if a private residence has a dog on site and if they have placed a warning sign informing outsiders that there is a dog on these premises and if somebody trespasses on this property and knowingly enters the premises but gets bitten by the dog, they cannot file a lawsuit against the owner. There are two reasons why they cannot do so. First, the owner had exercised all necessary precautions informing any outsiders that there was a dog on site and that they should stay away or take precaution. Second, the property was private and the victim who got bitten by the dog did not have the owner’s permission to enter the property. They were trespassing which is in itself a violation. In such a case, the owner cannot be sued for premises liability but the owner can sue the person who was bitten by the dog for trespassing. Talk to a Tampa premises liability lawyer to find out if your particular case is actually eligible for a premises liability claim.
The only way you are eligible to file a premises liability claim is if:
- you were on that particular property legally;
- the property owner was aware that you were there;
- the property owner did not update you on any particular hazards or unsafe areas in that particular property;
- The property owner failed to maintain the property in the right manner and did not inform those visiting those premises that the location might be unsafe.
Get in Touch with a Tampa Premises Liability Lawyer Today
As far as cases of premises liability are concerned, they can often turn out to be quite complex. First, most of these properties cover a large area. For example, if it’s a theme park or a large townhome community, there is a wide area that has to be covered in case of an injury, and in case the injured party files a claim. Also, keep in mind that most of these cases involve owners who run successful establishments (whether it’s a supermarket or an apartment complex). They will never allow the victim to accuse them of negligence and just accept responsibility for their actions and move on. This could potentially ruin their reputation. For example if there is a swimming club which caters to members only and if one of the members drowns in the pool, the owner of the swimming club will try their best to either put the blame on the victim or try to settle the matter out of court so that they don’t receive any negative publicity. The same is true for any restaurant or any other place of business.
If you are serious about filing a premises liability claim, you have to discuss the matter thoroughly with one of our premises liability attorneys at Winters and Yonker. You have to understand that the only way you could potentially get any compensation is if you can prove that the owner in question was negligent. There is no saying how the owner might respond. The owner could always turn around and say that they were unaware of the risk or that it wasn’t their fault but your fault that the accident occurred. You have to understand that sometimes injuries sustained on such premises can be very serious. If you want to ensure you get compensation for your damages, you have to provide proof. For this, you need to tell our premises liability attorney everything that happened when you got injured.
Accidents that occur on construction sites and other work areas can often turn out to be complex because the employer could always blame that it was the employee’s negligence that resulted in the accident. Construction workers are all trained in the work they’re doing, but if a mishap occurs, it is not always easy to pin the blame on the employer even if it is their fault. This is where one of our “aggressive” premises liability attorneys come into play. You will need a strong Tampa premises liability lawyer to show that you are telling the truth and that you suffered injuries because the owner or the supervisor was negligent.
Premises liability is a complicated area. The business owner or property owner has a lot at stake in most cases, and they will not simply give in to your demands unless you can prove their negligence. Call one of our premises liability attorneys at Winters & Yonker law firm today to schedule a FREE consultation with a Tampa premises liability lawyer today. Call (813) 223-6200.