Experienced Plantation Premise Liability Attorney On Your Side
What Are Premise Liability Injuries?
Premise liability law governs cases where you are injured on another person’s property, due to an unsafe or dangerous condition. Personal injury claims are largely based on negligence. Premise liability claims are no exception. This means that it must be shown that the owner was negligent or ignored a dangerous condition that existed on their property. Just because you were injured on another’s property doesn’t necessarily mean the owner was negligent. To understand more about what happened in your situation, it’s important to speak with an experienced Plantation premise liability attorney.
You must be able to show that the property owner either knew or should have known of the unsafe condition yet failed to take steps to remedy the condition. Premise liability claims can sometimes be difficult to prove. Because of this, it can be extremely beneficial to have an experienced Plantation premise liability attorney from The Law Offices of Nerina Smart, P.A. representing you. Attorney Nerina Smart knows how to obtain the very best results from a premise liability claim—and will work hard on your behalf for an equitable settlement.
How is a Liability Determined in the State of Florida for Premise Liability Claims?
In order to determine the level of duty of care owed to others by a property owner, “visitors” are grouped into three categories:
- Invitees are those who are customers in a business like a restaurant or a store, or those who have been specifically invited to enter the property to transact business. Businesses have a legal duty to keep their premises safe for customers. The highest duty of care is owed to invitees.
- Licensees are those who enter the property with the owner’s consent, but for their own purposes. Houseguests fall under this category, including those invited to a private party.
- Trespassers are those who have entered a property illegally or without the consent of the owner. Property owners are not held responsible for injuries sustained by those on the property without consent. The exception to this is known as “attractive nuisance,” and applies to children. If you have something on your property that children would find inviting—but which could also cause harm to them—you must take steps to ensure children cannot access the attractive nuisance (like a swimming pool).
What Types of Accidents Fall Under Premises Liability?
While there are many types of accidents that fall under premises liability claims, the most common include:
- Slip and fall accidents
- Trip and fall accidents
- Dog bites
- Construction site negligence
- Swimming pool accidents
- Accidents resulting from inadequate maintenance of the premises
- Inadequate building security, leading to assault and injury
- Amusement park accidents
- Toxic fumes or chemicals
- Inadequate lighting
- Elevator accidents
Slip/Trip and fall accidents are the most common type of premise liability claims across the United States. When you slip or trip and fall on another’s property due to a hazardous condition, you may be entitled to receive damages for your injuries. Slip/Trip and fall accidents can be caused by:
- Defective or broken staircases
- Lack of handrails, or broken handrails
- An accumulation of ice or snow
- Wet or slippery floors
- Extension cords stretched across a walk path
- Unsecured rugs or carpets
- Uneven thresholds
- Loose or broken flooring, sidewalks, or steps
How Do You Prove Negligence in a Premises Liability Case?
For a successful premise liability claim, you must show your injuries were caused by the owner’s negligence. If the owner had not been negligent—i.e., had remedied the dangerous or unsafe condition—you would not have been injured. The elements that prove negligence include:
- The owner of the property owed the public a reasonable duty of care
- There was a breach of that duty of care
- The breach of duty of care directly caused your injuries
- Your injuries led to actual damages (medical expenses, lost wages, pain and suffering)
There is one exception in a premise liability claim that does not require negligence, and that exception is dog bites. A Florida owner can be held strictly liable for any injuries caused by the dog, regardless of any attempt to prevent the incident.
What Are the Damages You Can Expect from a Premise Liability Claim?
The damages you are allowed to claim following your premise liability accident will depend on the extent of your injuries, whether liability is clear, and the evidence available. Damages generally fall into economic and non-economic categories. Economic damages—sometimes called special damages—cover things like:
- Medical expenses, both current and future. Medical expenses can cover ambulance costs, as well as the costs for your hospital stay, surgeries, physicians, specialists, prescription drugs, and rehabilitative therapies.
- Loss of income as well as diminished capacity to earn future income. If your injuries are severe enough to keep you from returning to work for a week or so, you are entitled to lost wages. If your injuries are so severe that you may not be able to return to work for months, years, or forever, you would be entitled to future lost wages as well.
Non-economic damages—also known as general damages—are less easy to quantify because they do not have a specific monetary value like medical expenses or lost income. Pain and suffering fall under non-economic damages—both actual physical pain and emotional pain and trauma resulting from physical injuries. PTSD, depression, anxiety, embarrassment, difficulty going out in public, and other emotional traumas are compensable under non-economic damages.
How A Plantation Premise Liability Attorney From Law Offices of Nerina Smart, P.A. Can Help
Just as the insurance company will be working diligently to deny, delay, or devalue your premise liability claim, your Plantation premise liability attorney from The Law Offices of Nerina Smart, P.A. will be working just as diligently to ensure you receive a fair settlement. Attorney Nerina Smart will review your case, gather evidence when necessary, and explain in a comprehensive manner the claim process. Nerina will answer all your questions, working hand-in-hand with you to determine the worth of your claim.
She will then negotiate with the insurance company to ensure you are properly compensated for your injuries and other damages. If personalized attention is important to you, you need to speak to attorney Nerina Smart. Our goal is to seek justice for those who are unable to do so on their own. We are ready to help you through this difficult time—contact The Law Offices of Nerina Smart, P.A. today.
