Can I File a Claim if I’m Injured on Someone Else’s Property in Florida?
Were you hurt while visiting another person’s or business’ property? If so, you might be entitled to compensation for your accident. Slip and fall accidents, electrocutions, or other premises liability injuries could mean you are owed monetary damages. Knowing how and when to file your claim is an important part of getting what you are owed.
At High Stack Law, our skilled Florida personal injury attorneys know premises liability law and how it can affect you. Let us learn about your case and how we can give you the personalized touch you deserve.
What Is Premises Liability and How Does It Affect Me?
Premises liability refers to a property owner’s obligation to pay you damages if you are hurt on their property, under certain conditions. Common examples include:
- Slip and fall accidents, often because of wet floors or slippery surfaces
- Poor lighting causing falls
- Injuries from falling objects
- Structural defects that lead to injuries
- Dog bites or other types of animal attacks
- Accidents in swimming pools and drowning
- Stuck or fallen elevators
- Escalator injuries
- Negligent security that leads to injury
In Florida, each property owner must keep their property reasonably safe. This duty is affected by the injured person’s visitor status, however.
How Visitor Status Affects Your Legal Rights in Florida
Whether you are entitled to monetary damages depends on your visitor status while on the property:
- Invitees: Individuals invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees.
- Licensees: Social guests or others who enter for non-business reasons. Owners must warn licensees of known dangers.
- Trespassers: Those who enter without permission. Owners generally owe limited duties, except in cases involving children or intentional harm.
Florida law also follows the “attractive nuisance” doctrine. This can hold property owners liable for injuries to children who come onto the property because of something especially enticing to children.
How You Can Prove a Premises Liability Claim
To win a Florida property accident claim, you must prove:
- Duty of Care: You have to show the property owner owed you a legal duty based on your visitor status.
- Breach of Duty: You must demonstrate that the owner failed to maintain safe conditions or warn of known hazards.
- Causation: The unsafe condition directly caused your injury.
- Damages: You suffered actual harm, such as medical expenses, lost wages, or pain and suffering.
What if I Was Hurt While at a Florida Business?
You’re walking through the grocery store, looking for the asparagus. Suddenly, without any warning, a light fixture above you detaches from the ceiling, strikes you, and causes serious injuries. Who is responsible and what should you do next?
If you are injured at a business or other public location, you can file an action against that business as well as their insurance carrier. These cases are more complicated procedurally, but the standards of generally the same under the law. A lawyer can help navigate these technical aspects.
Claims against government entities follow different procedures. Florida law requires notice of the claim to be filed with the appropriate agency before a lawsuit can proceed, and damage caps may apply.
Compensation in Florida Premises Liability Cases
If your claim is successful, you may win damages such as:
- Past and future medical costs
- Rehabilitation expenses
- Lost income and reduced earning capacity
- Property damages
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Punitive damages (in limited cases)
Each case is unique, and compensation depends on the severity of the injury and the circumstances of the accident.
Handle Your Premises Liability Case With Confidence: Hire a Florida Personal Injury Attorney
You have the right to quality representation and the compensation you are owed. Trust in the process and the experienced of a qualified lawyer to represent you. Consult a Florida personal injury attorney at High Stack Law for help. Contact us today for a consultation of your case.