Fort Lauderdale Premises Liability Lawyers

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.