Experienced Premises Liability Lawyers in Central Florida Ready to Help
The knowledge and tenacity to handle any injury claim in Inverness, Tavares or Clermont
Injuries can strike anyone at any time. Sometimes the circumstances leading to an injury cannot be avoided, but often the dangerous condition leading to injury could have been prevented, had a responsible party acted in time. If you have been injured on property owned by another person or company, you may have a legal claim under premises liability law. This is complicated area of personal injury law, and Largey Law can provide the guidance you need.
What are the most common premises liability injuries?
A premises liability accident is one where negligence on the part of the property owner or tenant leads to a person’s injury. The most common causes of liability are these:
- Slip/trip and fall — A hidden hazard, such as a spill on a floor causes a slip and fall onto a hard surface. Likewise, debris or an uneven surface can cause a person to trip and take a bad fall.
- Faulty construction/maintenance — Dry rot or a design defect weakens a structure that then collapses, injuring one or more victims.
- Falling merchandise — Items stocked on high shelves in a store or warehouse fall onto people below, causing concussions and other traumatic injuries.
- Negligent security — Substandard security in apartment buildings and commercial premises invites criminal activity in dark areas, potentially victimizing those who pass through.
- Dog bites — Many Floridians suffer severe injury due to dog bites and animal attacks on private property or in public places.
- Pool drownings — Fatal accidents can occur in pools whether or not owners have complied with safety mandates.
Due to the state’s tourist industry, many Florida premises liability cases involve amusement park accidents.
What do you have to prove in a premises liability claim?
The fact that you were injured does not mean you have a valid injury claim. The following legal rules govern premises liability claims:
- The owner or occupier of property must not subject anyone entering his or her property to an unreasonable risk of injury and must maintain their premises in a reasonably safe condition. The owner or occupier of property must warn someone on the property of dangerous conditions that owner or occupier knew or should have known about.
- The person injured must not have been acting in a dangerous, unexpected or unauthorized way, and the dangerous condition must not be open and obvious to a reasonable person.
If an owner failed to correct a known safety concern and you are injured while legally on that property, you may have a valid premises liability claim.
Workers’ compensation can be an exception to this rule. If you are injured at your place of work or in the course of your job, your injury claim would follow the workers’ compensation process rather than the premises liability process.
Even a valid premises liability claim fails if you bring your case against the wrong party. Determining the negligent party usually hinges on:
- The precise location of the accident.
- What the lease or business contract says about such liability. The business or the property owner may be the negligent party, depending on the contract.
Different rules can apply to injuries suffered at private residences.
How is premises liability law different in Florida?
Florida premises liability law is business friendly. If a person slips on a “transitory foreign substance” at a place of business, that person must prove the business had “actual or constructive knowledge” of the presence of the substance and was negligent in failing to remove it. Actual knowledge means the business or an employee had created the hazard, had seen it or had received a report of it. Constructive knowledge means the hazardous condition existed for so long that management should have taken notice or that the condition was regularly occurring, so that management should have had protocols in place. Additionally, the victim must prove the business was unreasonable in its failure to remedy the hazard.
What compensation is available to premises liability accident victims?
Victims of premises liability accidents are entitled to fair compensation for medical bills, lost income and their pain and suffering.
What is the statute of limitations on a premises liability claim?
Florida law allows victims four years from the date of an injury to file a premises liability claim.
Take the necessary steps to protect your rights in Central Florida
Largey Law represents victims of premises liability accidents throughout Central Florida. Contact us online or at 352-253-0456 to arrange a free initial consultation. We offer three convenient offices in Tavares, Inverness and Clermont and can happily arrange your appointment around your schedule. Se habla español.