At Englander Peebles, an experienced Palm City premises liability lawyer will never back down from fighting for your right. We know all the tactics insurance companies use, and we have earned a reputation for fighting back. We are aggressive, offer personalized attention, and exceptional at communication. We do not get paid unless we win you the compensation. Furthermore, we offer a free initial consultation service.
It does not matter how severely you have been injured due to any premises liability accident; we are here for you. Remember, insurance companies will always find ways to either deny or lower your valid compensation claim. They do this with one goal in mind, making a profit. Therefore, they will work towards overwhelming you to a point where you will just give up.
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Do I Have A Premises Liability Claim?
It is important to note that premises liability is a legal concept which applies in personal injury cases where a victim sustained injuries due to another person’s negligence or carelessness. For this reason, a majority of personal injury cases are based on carelessness or negligence, and premises liability is not different.
For a victim to be awarded compensation in a premises liability litigation, he/she must provide evidence showing negligence with respect to the maintenance and ownership of the property. Remember that being injured on someone’s property does not mean that the property owner was negligent. Negligence only applies when a property owner knew or should reasonably have known about the unsafe condition on their property.
To better understand or know if you have a premises liability claim, consider speaking to an experienced premises liability lawyer. In fact, this is the best reason to book a free case evaluation with our lawyers.
What Are The Common Injuries In Premises Liability Cases In Florida?
There are many different types of personal injury cases that can be classified under premises liability cases. The most common in Palm City, Florida include: –
- Slip and fall cases
- Faulty stairs and railing cases
- Children injured while playing in an unsafe area
- Tripping on uneven or unmarked areas
- Escalator and elevator accidents
- Being hit by falling objects (such as ice or snow accidents)
- Improper premises maintenance
- Dog bites
- Amusement park accidents
- Swimming pool accidents
- Fires, flooding, and water leaks
These are only but a few cases under the premises liability litigation. Talking to a Palm City premises liability lawyer will you be in a better position to know the best legal action to take.
Who Is Responsible For An Injury In A Premises Liability Case?
Although in many states a property owner is required to exercise reasonable care while maintaining a property; some states still follow the old rule that can limit a property owner’s duty of care based on the status of the injured person or visitor.
In Florida, however, a property owner is required to exercise reasonable care while maintaining their property. As such, for a victim to prove their claim, they only have to establish four facts: –
- There was an unsafe condition on the property
- The property owner knows about the condition or should have known about it
- The owner failed to remove or fix the hazardous condition or provide a warning sign
- Your injuries are a result of the unsafe condition
What If My Child Is Injured?
Children are precious human beings, and when they get hurt, we do also get hurt. When they are in pain, we do want to take away their pain. Therefore, when they get hurt due to someone else’s negligence, it is our duty to ensure they get the best support possible.
Under Florida law, a guardian or parent has the right to recourse against those who have harmed their child. It is the duty of property owners to ensure their properties are children proof. What does this mean? Well, it means that if there is any potential hazard; property owners have a duty of care to secure it in a way that a child cannot access the area. For example: –
- All unsafe areas such as a drained pool should be fenced and locked. The fence should be high enough that a child cannot easily climb over.
- Hazards like pits or open wells should be covered in a way a child cannot lift or open
- Construction sites should be fenced so that children cannot enter
- Florida law subject amusement parks and theme parks to strict regulations to protect visitors, especially children. Florida amusement parks should be well maintained and prevent errors like distracted ride operators
- Playgrounds must also offer a safe place for children to play safely. It is the duty of playground owners (either public or private) to maintain it to accommodate a child.
- Toy injuries are a real thing, and toy owners have to ensure they are safe for children.
- It is the duty of a property owner or dog owner to ensure that their pets do not attack children. For this reason, it is their responsibility to ensure they are always on a leash while in public.
What If I Was Injured At My Workplace?
The truth is that if you get injured at work, the compensation type will depend on the circumstance. For example, if you get injured while at your workplace, it is better to file a workers’ compensation claim. However, assuming that you are on another person’s property you may be eligible to file a premises liability case.
Remember, workers’ compensation laws vary from state to state. In Florida, employers are required by law to purchase a workers’ compensation cover. Under the workers’ compensation policy, an employee will only be reimbursed for work-related injuries irrespective of who is at fault. This cover makes establishments immune from employee injury lawsuits.
Is There A Deadline For Filing A Premises Liability Claim?
Yes! Florida has a deadline for filing a premises liability claim. This is what is known as the statute of limitation. The statute of limitations is a state or federal statute that regulates the deadline for filing premises liability claims. In Florida, the statute of limitations for premises liability claims is four years. This means that a victim has only four years starting from the day of the accident to file a compensation claim.
Call us today and let us protect your right to receive fair compensation.
At Englander Peebles, we are committed to offering the best tailor-made legal services based on your case. We have a good track record, and this is visible based on past cases. We are committed and aggressive in seeking compensation for our client. We do not get paid unless we win the case. Also, we offer free initial case evaluation. Call us today at (954) 231-1384 to know the best legal action to take.