Were you injured on someone else’s property in Starke, Florida? Are you wondering how you will pay your medical bills and make up for other accident-related losses? If so, a Starke premises liability lawyer from Allen Law Firm Accident & Injury Lawyers can explain your legal rights and options during a free case review.
Our law firm has over 100 years of combined experience in personal injury and insurance law. Our results have earned us coveted membership in the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. We have also garnered the respect of other members of the legal community, demonstrated by our top AV-Preeminent Martindale-Hubbell rating. We are included as National Trial Lawyers Top 100 Trial Lawyers, demonstrating our willingness to go all the way to secure compensation for our clients.
Learn more about how our award-winning personal injury law firm can help you when you call us at (012) 345-678 for your free consultation.
How an Experienced Premises Liability Lawyer Can Help
For nearly two decades, the Florida-based law firm of Allen Law Firm Accident & Injury Lawyers has helped residents of Gainesville, Starke, and surrounding areas pursue compensation after the negligence of others injured them. In that time, we have recovered hundreds of millions of dollars in compensation for our deserving clients. We attribute much of our success to preparing every case for trial from the very start. When you hire our law firm, you can trust that we will:
- Thoroughly investigate the circumstances surrounding your injuries
- Identify all at-fault parties
- Gather valuable evidence, such as accident reports, witness statements, surveillance footage, and business records, to prove fault.
- Manage communication with insurance companies and other parties on your behalf.
- Compile evidence of all your accident-related losses and injuries
- Prepare thorough demand letters that set out the facts, demonstrate why the property owner is responsible for your injuries, and detail the financial compensation you are demanding to settle your case
- Negotiate for maximum compensation
Contact us today for a free case assessment with a knowledgeable Starke personal injury attorney.
What Is Premises Liability?
Premises liability is a legal principle that holds property owners responsible for maintaining a safe environment for those who enter their property. This area of law applies to a wide range of properties, including homes, businesses, public spaces, and rental properties. When property owners or occupiers fail to address hazardous conditions—such as wet floors, broken stairs, poor lighting, or unsecured objects—they may be held legally accountable for injuries that result.
This accountability extends to various types of visitors, including customers, tenants, guests, and, in some cases, even trespassers. Premises liability cases can lead to serious legal consequences for property owners, as they may be required to compensate victims for medical expenses, lost wages, pain and suffering, and other damages associated with the injury.
Florida Property Owner Responsibilities
Florida property owners are responsible for maintaining safe conditions to avoid preventing harm to visitors. Their specific responsibilities depend on the visitor’s status on their property, as follows:
- Invitees: Invitees are people on the property for the owner’s financial benefit. Property owners owe an invitee the highest duty of care. Property owners must monitor for potential hazards. Once identified, they must warn invitees about them or fix them. Property owners can be held liable even if they were unaware of a dangerous condition on the property if they could have discovered it with reasonable diligence.
- Licensees: Licensees are people who have permission to be on the property, but they may be there for their mutual benefit. Mail carriers and meter readers are licensees. Property owners must warn a licensee about a known hazard or fix it to avoid injuring them.
- Trespassers: Property owners owe trespassers the lowest duty of care. Trespassers do not have permission to be on the property. Property owners are generally only liable for a trespasser’s injury if they intentionally or willfully caused the injuries.
Premises liability is based on negligence laws. As such, the property owner’s conduct is evaluated to determine if it was reasonable under the circumstances. Insurance companies, judges, and juries can consider various factors to determine if another reasonably prudent person would have acted similarly under the circumstances. These factors may include:
- The type and location of the property
- The nature of the dangerous condition on the property
- The likelihood that someone would be harmed on the property because of the hazard
- Whether the property owner knew about the hazard or should have known about the hazard
- What it would have required for the property owner to correct the hazard
- The reasonableness of protecting visitors from the danger
An experienced personal injury lawyer can gather evidence to demonstrate your claim and fight for your fair recovery.
Common Causes of Premises Liability Claims
Premises liability accidents can occur on various types of properties, including private residences, public property, and commercial establishments. Accidents on other people’s properties are often caused by dangerous conditions such as:
- Wet floors
- Broken steps
- Missing handrails
- Loose flooring
- Cracked tile
- Cluttered walkways
- Inadequate security
- Insufficient lighting
- Building code violations
Many of these issues are due to negligent maintenance. An experienced personal injury attorney can gather evidence to determine how the accident occurred.
Common Types of Premises Liability Claims
Premises liability cases may be based on various types of injuries, including those that occur in:
- Slips and falls: Under Florida law, for a property owner to be held liable for a slip due to a “transitory foreign substance in a business establishment,” you must show that the property owner knew about the dangerous condition or that the dangerous condition existed for a length of time that they should have known about it if they had exercised ordinary care or that it occurred with regularity and was foreseeable.
- Trip and fall: Property visitors may trip on loose cords, floorboards, or other dangerous conditions on the property.
- Parking lot and sidewalk accidents: Property owners or the government may be required to maintain sidewalks and parking lots. Injury victims may slip on broken concrete, potholes, or other imperfections.
- Swimming pool accidents: Swimming pools that do not have fences or are not properly secured can result in accidental drownings and other injuries.
- Dog bites: Florida has a strict liability dog bite law, holding dog owners responsible for damages caused by their dogs who bite people lawfully on the property.
- Negligent security claims: In some cases, business owners can be held liable for criminals’ intentional acts if they fail to provide adequate security to protect visitors.
An experienced personal injury lawyer can review the circumstances surrounding your injuries to determine if you have a viable personal injury claim.
Types of Injuries in Premises Liability Claims
Individuals who slip and fall or are otherwise injured on other people’s property may suffer various types of injuries, including:
- Assault injuries
- Back injuries
- Brain injuries
- Broken bones
- Burn injuries
- Catastrophic injuries
- Sexual assault injuries
After a premises liability accident, seek medical attention. Then, reach out to Allen Law Firm Accident & Injury Lawyers for assistance.
What Is My Premises Liability Claim Worth?
Every premises liability case is different, so there’s no average settlement amount for a claim. Your claim value can depend on factors such as:
- The nature and severity of your injuries
- The type of medical treatment you require and its associated cost
- The duration of medical treatment
- The extent of your pain and suffering
- Whether you contributed to the accident
- The party or parties responsible for your injuries
- Insurance coverage available for your claim
An experienced attorney from our firm can review your case in more detail to determine its potential value.
What Damages Can I Recover in a Slip and Fall Case?
Florida personal injury law allows you to seek compensation for the full extent of your economic and non-economic damages, which may provide money for:
- Medical expenses
- Future medical expenses
- Lost wages and/or reduced earning capacity
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Loss of enjoyment of life
If a loved one is killed in a premises liability accident, you may be able to pursue a wrongful death claim for the recovery of funeral expenses, lost support and services, and other losses.
Can I Still Recover Compensation If I Am Partly to Blame for the Accident?
Florida uses a modified comparative negligence system when accident victims contribute to their own injuries. Under this system, a victim’s contributory fault does not bar them from seeking compensation against the other parties responsible for their injuries as long as they are not more than 50% at fault for the accident. However, their damages are reduced by their degree of fault. Therefore, if they are found 20% at fault for the accident and suffered damages of $100,000, their damages are reduced by 20% or $20,000 in this scenario.
What Is the Time Limit to File a Personal Injury Lawsuit in Florida?
In Florida, most personal injury cases must be filed within two years of the accident date under the statute of limitations. If you do not file your lawsuit within this time period, you can lose your right to recover financial compensation for your injuries. Protect your rights by reaching out to an experienced lawyer for help today.
Contact an Experienced Starke Premises Liability Lawyer for Legal Assistance
Allen Law Firm Accident & Injury Lawyers helps accident victims recover compensation after they are injured due to the careless actions of others. Our Starke premises liability lawyers can meet with you to discuss your claim and right to recovery. Call us today for a free initial case assessment.