Injured on Someone Else’s Property?

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Do You Have a Premises Liability Claim?

Property owners in Florida have a legal duty to maintain their premises in a safe condition by either removing hazards in a timely manner or by adequately warning visitors that a hazard exists. When a property owner fails to meet this obligation, they may be held liable for any injuries or other losses a legal visitor to the premises sustains, such as in a slip-and-fall accident. People who are hurt because of falls, dog attacks, swimming pool accidents, negligent security, or other safety failures may suffer serious injuries and in some instances, fatal injuries. The accident victim or their family deserves compensation when the injury was caused by the property owner’s negligence, including the negligence of businesses, private homeowners, and local and state governments. The Disparti Law Group, P.A. can help if you or a family member of yours has been hurt in a premises liability accident. Our accident attorneys are committed to helping victims and their families from the Tampa area and across Florida recover financially from all injuries and losses incurred in preventable accidents. Simply call us today or fill out our online form to find out more in a free legal consultation.

Don’t fight the insurance companies alone. Let us put our decades of experience and knowledge to work for you.

What to Know About Premises Liability Claims

A person who has been injured because of a safety hazard on someone else’s property may seek compensation if they can show that their injury was due to the property owner’s negligence. Such a premises liability lawsuit must show that the:

  • Property owner owed a duty of safety to the injured visitor;
  • Defendant failed to meet that duty;
  • Breach of duty was the closest cause of the plaintiff’s accident, injuries and losses; and
  • Plaintiff’s injuries and losses are compensable.

A premises liability claim would not move forward in most cases if the injured party was on the property illegally. An injured person who ignored a hazard that a reasonable person would have recognized and avoided might may be unable to move forward with a claim. Such an open and obvious hazard, as it is sometimes called, might include something like a large sinkhole, construction pit or a demolition site that had was guarded by signs, a fence or barricade. Several court cases have weakened the open and obvious hazard doctrine in recent years, and the status of a trespasser is a legal term, which may be challenged. Even the concept of an adequate warning of an existing hazard is subject to interpretation. In short, if you think the circumstances of your accident may fit the requirements of a premises liability claim, you should discuss it with a qualified lawyer at the Disparti Law Group.

In Florida, individuals who pursue personal injury lawsuits also must contend with the doctrine of comparative fault. This rule allows the plaintiff to obtain compensation in a lawsuit if the defendant’s negligence is proven, but reduces the final award by an amount based on the plaintiff’s own negligence. In a slip-and-fall case, for example, if you were running, carrying a large unwieldy package or doing something else that contributed to your fall, the jury could decide that you should bear a portion of blame and reduce your compensation accordingly. Of course, the defendant’s attorney in a premises liability case would work to shift as much of the blame as possible onto the injured victim. This is another reason that it is important to have the assistance of an experienced personal injury attorney. After our investigation of your accident and development of the case, we will be prepared to counter any arguments the defense would attempt in order to deflect blame onto you.

Once liability is established, the at-fault party and their insurance companies must compensate victims for their losses. Our attorneys may negotiate a settlement with the insurance company representing the at-fault party. When insurance companies refuse to provide a fair settlement, Disparti Law Group will pursue a jury trial to help our client obtain justice.

We Pursue Premises Liability Claims in Florida

If you have been injured in any of the following types of accidents because of a property owner’s negligence or through the fault of a manager or employee at a commercial establishment, the Disparti Law Group may be able to assist:

  • Slip-and-fall accident. Spills in a grocery store aisle, potholes in parking lots, tools and equipment left on a walkway are among the types of hazards that cause slip- and trip-and-fall accidents. Such hazards should be removed or cordoned off in a timely manner or, if they cannot be corrected quickly, they should be posted with adequate warnings.
  • Falling merchandise or debris. In addition to slick floors, retail stores are often made hazardous because shelves are overstocked with merchandise or items on display are improperly stacked. Negligent workers operating a forklift may cause heavy objects to fall from above and strike innocent shoppers.
  • Amusement park and playground accident. Rides and equipment at playgrounds and other amusements must be installed, maintained and operated safely. Skipping required maintenance or cutting corners to save money and time may be negligence. In some cases, the manufacturer of a ride or playground equipment may be liable for faulty design or manufacturing that led to failure that caused an accident.
  • Swimming pool accident. Swimming pools represent a drowning hazard as well danger due to defective drains that can injure or entrap some swimmers. Violation of state or local laws for public/commercial or residential swimming pool security is evidence of negligence if it has contributed to an accident.
  • Dog bite. Young children and the elderly are particularly susceptible to dog attacks, and injuries can lead to serious wounds that require reconstructive surgery. Dog owners can be held liable for injuries their pets cause, particularly if the animal has a history of vicious behavior.
  • Insufficient lighting. Many people are injured in falls at apartment complexes, office buildings, theaters, and arenas because of poor lighting that obscures steps, curbs and other changes in the walking surface. Typically this is due to faulty lighting design (not enough lights) or inadequate maintenance, such as not replacing burned out lights because some lights remain working.
  • Inadequate security. Many cases of assault and robbery at apartment complexes, hotels, motels and offices occur because of inadequate security. Security failures may take the form of inadequate lighting, which allows perpetrators to go undetected; doors and windows that do not lock properly; security cameras that are not maintained or are absent; and/or security guards who neglect their duties.
Caution Sign near wet walking area helps people avoid Slip and Fall Accidents.

How Can I Afford to Hire a Personal Injury Lawyer?

During an initial consultation, which is free, we will review the specifics of your accident and discuss your legal options. If we determine that we can handle your case, we will represent you on a contingent fee basis. You will not be charged for legal fees or costs unless we obtain compensation for you through a settlement or court award. At that time, the fee for our legal representation will come from a percentage of the final award.

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