Premises Liability

Premises Liability Lawyers in Jupiter, Serving All Florida Counties

If you’ve experienced an injury on someone else’s property in Florida, you might have a premises liability claim. Premises liability law falls under personal injury law, specifically addressing injuries caused by unsafe property conditions such as slip and fall cases, swimming pool accidents, cases involving negligent security, and other circumstances caused by the carelessness of the property owner or the manager of a property. These injuries can significantly impact your ability to work, enjoy an active lifestyle, or even carry out everyday tasks that many of us take for granted. If you suspect that negligence or carelessness played a role in your injury, seek the guidance of a premises liability attorney to evaluate your case. You may be able to pursue compensation for the harm you’ve endured.

In certain situations, premises liability accidents can even lead to fatal injuries, impacting families and communities. These injuries can occur at various locations, such as restaurants, grocery stores, private residences, workplaces, amusement parks, stadiums, shopping malls, construction sites, or another property you may be visiting at the time.

Property owners or occupants have a responsibility to safeguard visitors from hazardous conditions on their premises. When owners become aware of dangerous conditions, such as a wet floor that could lead to a slip-and-fall accident, they must take prompt action to repair defects or provide adequate warnings. The level of care owed by owners can differ for trespassers, licensees, and invitees. We can assess these factors to determine whether you have a valid premises liability claim in Florida.

Our goal is to assist victims of such injuries by holding property owners accountable and seeking appropriate compensation for their damages. If you or a loved one have suffered an injury on someone else’s property in Florida, we invite you to contact Britto & Herman Injury Lawyers today for a complimentary case evaluation. Together, we can formulate a strategy for a premises liability claim to help you navigate this challenging situation.

Types of Premises Liability Cases in Florida

Premises liability claims in Florida can take several forms:

• Slip, Trip, and Fall Accidents: These premises liability cases typically involve injuries that occur when someone slips, trips, or falls due to a hazardous condition on another’s property. Examples of such conditions can include wet floors, uneven surfaces, or poor lighting. Fall injuries can be debilitating, involving many long-term expenses from medical bills and various financial losses. Let us evaluate your slip and fall claim during a free consultation.
• Inadequate Security: These cases arise when someone is injured due to insufficient security measures on a property. For instance, if inadequate lighting, lack of security personnel, or faulty locks lead to an assault or robbery, the property owner might be held liable. Some properties have certain obligations to provide adequate security promoting a safe environment.
• Dog Bites: In Florida, dog owners are generally liable for damage their dogs cause, regardless of the animal’s previous behavior.
• Swimming Pool Accidents: These premises liability cases involve injuries that occur in or around swimming pools, often due to lack of supervision, improper maintenance, or failure to comply with safety regulations. Some swimming pool accidents can lead to catastrophic injuries or fatalities, which may involve a wrongful death claim.
• Negligent Maintenance: If a property owner fails to maintain their property adequately, leading to accidents such as falling debris or structural collapse, they may be held responsible.
• Condominium & HOA Accidents: Injuries at a condo or an HOA residence can involve different liability rules when you seek a personal injury claim. At Britto & Herman, we can assess the incident in light of these different rules to determine your next steps towards proving liability.
• Construction Accidents: Depending on the circumstances, managers of construction sites can be liable for injuries a person suffers while visiting or passing by the building project. Unsecured structures can present dangerous risks of severe injury or wrongful death.
• Elevator Accidents: Malfunctioning elevators in buildings such as hotels or multi-level department stores can pose risks of injury in some circumstances. The manager or property owner may be liable for an accident that leads to such injuries.
• Injuries at Commercial Establishments: These cases often involve injuries that occur at a grocery store, restaurant, apartment complex, bar, club, shopping mall, or department store due to a dangerous condition or negligence. Property owners or managers often have a legal responsibility to act to prevent fall accidents when dangerous circumstances arise.
• Wrongful Death Lawsuits: An experienced premises liability lawyer can assess whether family members can pursue a wrongful death lawsuit following the death of their loved one on another’s property.

The success of a premises liability claim depends on proving that the property owner was negligent — they knew or should have known about the hazardous condition and failed to correct it or take reasonable steps to warn visitors. Under Florida premises liability law, property owners or managers must take reasonable care to address a dangerous condition in order to maintain safe premises and prevent serious injury to visitors.

If the owner knew or should have known of an unsafe condition and did not take reasonable care to prevent your injury, then we can likely pursue a premises liability claim on your behalf, seeking a fair settlement to compensate you for a range of damages that may include medical expenses, lost wages, pain and suffering, and other losses. If the property owner’s insurance company does not agree to a fair settlement during settlement negotiations, or if the policy limits with their insurance company do not cover your damages, we can pursue a premises liability lawsuit on your behalf.

Determining Whether You Have a Premises Liability Case in Florida

In Florida, determining whether an injured person has a premises liability case involves several key factors:

• Duty of Care: The property owner or occupier must have owed a duty of care to the injured party. This duty varies depending on the status of the visitor (invitee, licensee, or trespasser).
• Breach of Duty: The property owner or occupier breached this duty of care by failing to maintain the property safely, or by failing to warn of hazards.
• Causation: The breach of duty directly caused the injury. That is, the injury would not have occurred but for the property owner’s negligence.
• Damages: The injured party suffered actual damages due to the injury.

If these elements are established, one can pursue a premises liability case in Florida. In such a case, the types of damages that you may seek could include:

• Economic Damages: These are quantifiable losses due to the injury. Examples include medical bills, future medical expenses, lost wages, loss of earning capacity, and other out-of-pocket expenses.
• Non-Economic Damages: These are intangible losses that are more subjective and don’t immediately have dollar value, but our liability attorneys have trusted means to arrive at appropriate values to seek damages in personal injury cases. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium.

Each case is unique, and the potential damages will depend on the specifics of the injury and its impacts on the victim’s life. An experienced premises liability lawyer at Britto & Herman can assess your unique situation and guide you throughout your Florida premises liability case.

Classes of People Involved in a Premises Liability Scenario in Florida

In a premises liability case in Florida, different classes of people can be involved, each with different rights and responsibilities:

• Property Owner or Property Manager: They have a duty to maintain safe conditions on their property and warn of any known hazards. Their level of responsibility varies depending on the classification of the visitor (invitee, licensee, or trespasser).
• Invitees: These are individuals invited onto the property for business purposes (like customers in a store) or for public use (like park visitors). Property owners owe the highest duty of care to invitees, including inspecting for unknown hazards.
• Licensees: These are social guests or others who enter the property for their own purposes, not for the benefit of the property owner. The owner’s obligation is to warn licensees of a known dangerous condition.
• Trespassers: These are individuals who enter the property without permission. Generally, property owners owe no duty to adult trespassers except not to cause them harm intentionally. The discovered trespasser’s rule indicates a landowner who discovers a trespasser must exercise reasonable care for the trespasser’s safety. It is important to understand that premises liability law recognizes that some features on a property constitute an attractive nuisance that can lead to dangerous situations, and must therefore require extra care to keep a property safe. Special rules can apply. For the protection of child trespassers, owners must ensure that attractive nuisances (like swimming pools) are secured.

In 2023, Florida personal injury law underwent changes involving modified comparative fault, which may affect a premises liability case. Under this general rule, even if a plaintiff is partially at fault (such as a trespasser or a person ignoring clear warning signs), they can still seek compensation. However, their damages will be reduced by their percentage of fault. While trespassing may limit one’s ability to seek compensation, it does not completely eliminate their potential claim if they were injured due to a dangerous condition — regardless of the legal status of their trespassing behavior.

Insurance Companies Research a Victim’s Personal Information and Use Many Strategic Angles to Deny Premises Liability Claims

Insurance companies employ several strategies to research a victim’s personal information and potentially deny premises liability claims:

• Material Misrepresentation Accusations: Insurance companies may accuse claimants of material misrepresentation, such as providing inaccurate or incomplete information about the incident or their injuries.
• Claims History Checks: Insurers often check a claimant’s past insurance claims history. Multiple claims may lead the insurer to label the claimant as a habitual claimant, which could affect their current claim.
• Surveillance: Some insurers conduct surveillance on claimants, looking for evidence that contradicts the claim. This could include video footage or photographs of the claimant engaging in activities that their alleged injuries should prevent.
• Social Media Monitoring: Insurers may monitor a claimant’s social media activity. Posts showcasing physical activity or a lack of distress can be used to argue that the claimant’s injuries are not as severe as claimed.
• Medical Record Review: Insurers often review a claimant’s medical records for inconsistencies or pre-existing conditions that could explain their injuries.
• Investigation of Incident: Insurers thoroughly investigate the incident, including site visits, witness interviews, and review of any available video footage.

Avoiding missteps is crucial in a premises liability case. Claimants should be truthful and complete in their descriptions of the accident and their injuries, avoid discussing their case or posting content that may potentially be harmful to their case on social media, and consult with an attorney before speaking with insurance adjusters.

Note that the insurance company’s researchers may cherry-pick to misrepresent the severity of your injuries. For example, if you suffered a fall accident that causes you significant pain and limits your mobility, a social media photo that captures you briefly standing up and smiling for the camera at an out-of-town recreational event can be used by the insurance company against your slip and fall case. At Britto & Herman, our premises liability attorneys help clients navigate their cases and seek premises liability settlements while helping them understand both the right steps to take and the actions to avoid.

Discuss the details of your unique case with our experienced personal injury attorneys during your free case evaluation if you were injured in an accident on someone else’s property in Florida. We serve residents in all Florida counties.

Schedule a Free Consultation Today With Britto and Herman Injury Lawyers in Jupiter, Florida to Discuss Your Premises Liability Case

At Britto & Herman Injury Lawyers, our priority is seeking justice for accident victims. We take pride in our proven track record of successfully representing clients in premises liability claims, demonstrating our ability to make positive differences in the lives of our clients in Florida for more than a decade. Serving all Florida Counties, our goal is to assist you and discover how we can be of service.

If you have been injured on someone else’s property in Florida, don’t hesitate to reach out and schedule a complimentary case evaluation with our Florida premises liability lawyers today by either calling us at (561) 835-5555(561) 835-5555 or filling out our online form. We will assess your accident case and answer your questions as we devise a strategy for you to seek appropriate compensation through an injury claim or a premises liability lawsuit during your no-obligation consultation. Allow us to fight passionately on your behalf for the compensation and justice you need.

Time is of the essence in premises liability cases, so take immediate action. If you need to be compensated for medical expenses, lost earnings, and pain and suffering after an injury occurred due to a dangerous condition on someone’s property, we are prepared to guide you. At Britto & Herman Injury Lawyers, we provide unwavering support and guide you through the legal process and protect your rights after experiencing an injury due to dangerous conditions caused by someone else’s negligence in Florida.

The Voice for Florida Injury Victims