If you’ve been injured due to a preventable accident on someone else’s property in the Fort Walton Beach area, it’s understandable to feel frustrated, scared, and unsure of your rights.
Whether a fall in a business, a mishap at a home, or other trauma that wasn’t your fault, having a personal injury lawyer in Fort Walton Beach on your side who comprehends both the legal complexities and personal impacts can make all the difference.
The Fort Walton Beach premises liability lawyers of Fasig Brooks can cut through confusion, stand up to insurance pushback, and see that liable parties are held accountable for your injuries – allowing you to focus fully on recovery.
What Might Be Considered a Premises Liability Claim?
Property owners have a legal duty to maintain a safe environment on their premises to prevent foreseeable injuries to visitors and tenants. Unfortunately, accidents do occur which can seriously harm people through no fault of their own.
Here are some common situations that may give rise to a premises liability claim under Florida law if injuries result from a property owner’s failure to meet their safety obligations:
- Slip and fall accidents: Slipping on wet floors, spills, debris, or uneven walking surfaces are common premises liability claims.
- Tripping hazards: Tripping over objects left in walkways, poor lighting making hazards invisible, uneven pavement or flooring.
- Swimming pool accidents: Drownings, slips in wet pool areas, unprotected drains, or broken equipment.
- Playground accidents or Amusement park accidents: Defective or dangerous equipment, lack of safety surfacing, unrepaired hazards.
- Parking lot mishaps: Potholes, poor lighting at night, unsalted ice/snow, unmarked speed bumps or curbs.
- Elevator/escalator accidents: Breakdowns, unexpected starts/stops, gaps between floors, and moving parts.
- No handrails or unsafe stairs: Missing, broken, or substandard railings on steps or stairs.
- Collapsing, shifting, or poor structural conditions: Falling shelves, cabinets, exit signs, ceiling tiles, or other structures.
- Attacks by violent individuals: Negligent security in high crime areas can result in a premises liability lawsuit
- Restaurant or store spills: Failure to clean slippery floors, spilled liquids, food, or other slipping/tripping risks.
Essentially, any personal injury on commercial property due to unsafe, defective, or unmaintained conditions could potentially be grounds for a premises liability claim. A Fort Walton Beach premises liability lawyer can evaluate the details of your case and provide you with legal options.
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Challenges in a Premises Liability Claim
Here are some common challenges in proving liability in premises liability cases:
Establishing Knowledge of the Hazardous Condition
Establishing the property owner or business knew or should have known about the hazardous condition that caused the injury can be difficult. The plaintiff must show the dangerous condition existed for a long enough period that the owner should have discovered and remedied it.
Identifying the Correct Liable Parties
Multiple parties may be involved, and determining who is legally responsible for unsafe conditions when multiple parties own, occupy, or maintain the property could prove challenging. For example, if you were hurt in a shopping mall with multiple tenants, you must prove correct entity was negligent.
Lack of Evidence
Lack of witnesses or security footage documenting exactly how the incident occurred could be an obstacle. This makes establishing the liability narrative more difficult. However, a premises liability attorney has the resources to conduct a thorough investigation, gather all relevant evidence, and fight for your fair treatment.
Comparative Negligence
The opposing party or insurance company will often argue that the plaintiff’s own actions are a contributing factor. Things like intoxication, inattention, or failure to watch your step in a known problem area may be cited as reasons to reduce or deny a claim.
Evidence Loss
Any site changes or lack of preservation of evidence before your accident lawyer can investigate can impact your ability to prove the original hazardous condition existed. A premises liability lawyer in Fort Walton Beach can take immediate steps to gather and preserve evidence to avoid such a scenario.
The property owner’s insurance company may claim you contributed to the outcome somehow or the property owner did not truly fail in their safety responsibilities.
However, an experienced premises liability attorney in Fort Walton Beach can meticulously evaluate the case facts, gather necessary evidence, and construct a compelling narrative to prove liability. We can counter attempts to diminish responsibility or damages with strong arguments grounded in statute and precedent.
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Damages You May Recover
The common types of damages available in a premises liability claim in Florida include:
- Accident-related medical costs: Past and future medical expenses
- Property damage: for any personal items damaged
- Lost wages: Compensation for income lost during recovery from injury-related absences from work
- Loss of future earning capacity: If injuries permanently impact the ability to work in the same occupation
- Pain and suffering: Non-economic damages for physical & emotional pain and loss of enjoyment
- Disfigurement or scarring: Compensatory damages for permanent physical effects of injuries
- Permanent impairment or disability: Costs associated with lifelong limitations from injuries
- Emotional trauma from incident: Damages for lasting psychological impacts of accident/injury experience
- Loss of consortium: For spousal damages resulting from impaired relationship
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Contact a Premises Liability Law Firm in Fort Walton Beach Today
If you have suffered injuries on private property, at a commercial business, or on government property, our premises liability lawyers can help ensure you are fully compensated for your losses.
The personal injury attorneys of Fasig Brooks are devoted to helping you obtain the maximum damages on your behalf under Florida law. Most importantly, you will have a legal team dedicated to achieving the best possible outcome and empowering your healing process.
Please contact us for a free consultation to discuss the possibility of filing a personal injury claim and learn more about your legal options. Together, we will hold negligent parties accountable and help you secure fair remedy.
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