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Fort Lauderdale Premises Liability Lawyers

Attorneys in Fort Lauderdale for Slip-and-Fall Accidents, Dog Bites, and Other Injuries

While most people take care to stay safe and protect themselves from harm, threats exist in any location they may visit or even while they are at home. Accidents regularly take place and they often lead to serious injuries. Some of these situations are completely avoidable, and they happen due to the carelessness of someone other than the person who suffered harm. When an individual sustains injuries when they are visiting someone else's property, they may be able to pursue compensation from a landowner or a person or company who was in control of the property. In these cases, a victim may pursue a personal injury claim based on premises liability.

If you have sustained any kind of injury on another person's property, The Law Offices of John D. Ameen, P.A. can help you seek the compensation you deserve. Premises liability cases are often complex, and they require a strong knowledge of this area of the law. It is important for reckless or negligent property owners to be held responsible for their actions - or lack thereof - that resulted in harm to others. Reach out to our firm today to determine how you can pursue justice for the injuries and damages you have suffered.

Legal Requirements That Apply to Property Owners

Property owners or tenants have a legal responsibility to protect the safety of their visitors. Federal and state laws require them to take reasonable steps to eliminate hazards or safety issues to ensure that visitors will not be placed at risk of harm. It is essential for property owners, as well as tenants of commercial properties or management companies who are responsible for maintaining a property, to identify and mitigate potential dangers. If complete elimination of a hazard is not feasible or practical, it is the duty of a property owner to warn visitors about any dangerous issues. If property owners or other responsible parties fail to meet these requirements, and a visitor to the property is injured, the person or organization who was in control of the property may be held liable for the victim's injuries and damages.

Common Injuries Involving Premises Liability

There are numerous accidents and injuries that may be addressed in premises liability cases, and they can range from minor injuries like scrapes and sprains to catastrophic injuries such as traumatic brain injuries or broken bones. In serious cases, injuries may have the potential to be life-altering for victims and their families. Depending on the severity of an injury, it can take months or even years of dedicated medical attention before an individual can make a full recovery. Sadly, some victims never fully recover, and they may suffer from the consequences of their injuries for the remainder of their lives.

Premises liability cases can cover a variety of incidents. Some examples include:

  • Slip-and-fall accidents
  • Dog bites and other types of attacks by pets or other animals
  • Negligent security resulting in assaults, robberies, or other types of injuries
  • Property defects leading to dangerous conditions that result in injuries
  • Injuries at retail stores, malls, shopping centers, or restaurants
  • Injuries at hotels, including those caused by bed bugs

Pursuing Compensation in Florida Premises Liability Cases

To successfully pursue compensation in a premises liability case, several elements must be demonstrated. A victim must show that the owner of the property had a duty of care to protect their safety. This duty of care exists if a person was invited to enter the property, either as a visitor to a private home or a customer at a public establishment. The victim must also demonstrate that a hazardous condition existed on the premises and the owner was aware of this issue or should have known about it. If a person can show that they were injured because of the owner's failure to meet the required duty of care, they may seek compensation for all of the damages they suffered because of their injury.

Premises Liability FAQs


Is Premises Liability the Same as Negligence?

Answer: Premises liability and negligence are related concepts in Florida law, but they are not the same. Premises liability refers to the legal responsibility of a property owner or occupier to ensure the safety of people who enter their property. Negligence, on the other hand, is a broader legal concept that encompasses a failure to exercise reasonable care, resulting in harm or injury to another person. In Florida, premises liability is a specific type of negligence claim that arises when someone is injured on another person’s property due to a dangerous condition or hazard.


What Does Premises Liability Cover?

Answer: Premises liability covers the legal responsibility of property owners or occupiers for injuries or accidents that occur on their premises. It involves the duty to maintain a safe environment and protect visitors from foreseeable hazards. Premises liability can encompass many forms of accidents, including slips and falls, dog bites, and injuries caused by defective conditions on the property.


What Duties Are Owed to Guests and Visitors?

Answer: In Florida, property owners owe different duties of care to guests and visitors based on their legal status. Invitees, such as customers, are owed the highest duty of care, requiring property owners to maintain a safe environment and address hazards. Licensees, like social guests, are owed a slightly lower duty, including warning about known dangers. Trespassers are owed the least duty, but property owners are still required to refrain from inflicting intentional harm. These duties encompass regular inspections, repairs, warnings, and ensuring a hazard-free environment. However, specific circumstances, such as age or property nature, may influence the duty of care.


What Must an Injured Guest or Visitor Prove?

Answer: The injured party must prove four things to establish a premises liability claim in Florida. First, the property owner or occupier had a duty of care to maintain the premises in a reasonably safe condition. Second, the property owner or occupier breached that duty by failing to address a dangerous condition or warn visitors about it. Third, the breach of duty caused the injury. Fourth and finally, the injured party suffered damages as a result of the injury.


What Is a Dangerous Condition?

Answer: In the context of premises liability, a dangerous condition refers to any condition on a property that poses an unreasonable risk of harm to visitors or guests. It can include many different forms of hazards, such as wet or slippery floors, uneven walkways, broken stairs, exposed electrical wiring, falling objects, and more. Essentially, any condition that could potentially cause an accident or injury may be considered a dangerous condition.


Who Is Responsible in a Premises Liability Case?

Answer: The responsibility for an accident or injury on a property typically falls on the property owner or occupier. They have a legal duty to maintain a safe environment for visitors and guests. The extent of responsibility can vary depending on factors like the visitor’s legal status and the property owner’s knowledge of the hazard.


What Damages Are Covered in a Premises Liability Lawsuit?

Answer: Medical expenses, pain and suffering, lost wages, loss of earning capacity, property damage, and punitive damages are examples of damages that may apply in a premises liability lawsuit. You must be able to demonstrate that the actions or lack of action taken by the owner or occupier of the property resulted in the incident that injured you.


What Are Common Injuries From Premises Liability Accidents?

Answer: Common injuries from premises liability accidents can include slip and fall injuries resulting in broken bones, sprains, and head injuries. Other common injuries may involve burns, electrical shocks, cuts, and lacerations. Additionally, premises liability accidents can result in severe injuries like spinal cord injuries, traumatic brain injuries, and even wrongful death.


What Grounds Do I Need to File a Premises Liability Lawsuit on?

Answer: To file a premises liability lawsuit in Florida, you generally need to establish that the property owner had a duty of care to maintain a safe environment, that they breached that duty by failing to do so, and that this breach caused your injuries. You must have also suffered actual damages due to the accident or injury.


The Property Owner’s Insurance Company Offered Me a Payment as Long as I Agreed Not to Pursue a Premises Liability Lawsuit. What Should I Do?

Answer: Do not agree to anything. Better yet, do not speak with the insurance company before hiring an attorney of your own. Present the offer to your attorney and ask them whether they believe it to be a fair offer. Chances are that the offer will not be fair. In many situations, the property owner’s insurance company will send you a lowball offer with the hope that you accept it and put the matter to rest. Your attorney can help you negotiate a settlement that will fully address your injuries and damages.

Contact Our Coral Springs Premises Liability Attorneys

To learn more about how we can help you seek compensation for your damages in a premises liability case, contact us at The Law Offices of John D. Ameen, P.A. today. Call 800-555-4011 for a free consultation with a member of our team. We assist with premises liability and personal injury cases in Fort Lauderdale, Hollywood, Boca Raton, West Palm Beach, Coral Springs, and communities throughout South Florida.

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