Premises Liability Lawyers Fort Walton Beach
Property owners and homeowners are liable for accidents and injuries that occur on their property under premises liability law, which is a legal concept that describes how a property owner’s negligence can cause someone to get hurt from preventable dangers on a property.
Types Of Premises Liability Cases
Property owners can be negligent in a variety of ways. If you have been injured in an elevator, escalator, or pool, then you can file for damages in a premises liability claim. Injuries stemming from faulty handrails can also qualify for damages. In Florida, any set of stairs with four or more risers must have a sturdy handrail beside it for safety. Tripping over broken pavement, bunched-up carpeting, or low lighting can cause serious injuries.
Slip and falls are the most common premises liability claim and account for over 40 percent of traumatic brain injuries. On average, slip and fall victims suffer five bone fractures. Back injuries from a slip and fall can affect the muscles, vertebrae, or spinal cord. The vertebrae can become compressed, dislodged, dislocated, or fractured as a result of a fall, possibly leading to paralysis, incontinence, and other mobility issues. Slip and falls also lead to:
- Knee damage
- Sprained ankles and wrist
- Nerve damage
- Cuts and bruises
- Other head, jaw, and facial injuries
- Internal organ damage to the heart, brain, or kidneys
Slip and fall accidents affect people of all ages in various types of places but certain groups even more. People over age 65 are three times more likely to lose their balance, fall, and suffer injuries. In 2019, The Occupational Safety and Health Administration (OSHA) reported nearly 230,000 cases of non-fatal accidents involving slip and falls. The most common places where slip and fall accidents happen are:
- Hotels
- Workplaces
- Restaurants
- Elevators and escalators
- Amusement parks
- Grocery stores
- Shopping malls
- Nursing homes
- Sidewalks
- Construction sites
- Parking lots
Damages In A Fort Walton Beach Premises Liability Case
You can file for economic and non-economic damages in a premises liability claim. Noneconomic damages include non-pecuniary losses such as pain and suffering. Economic losses, on the other hand, compensate you for financial losses such as:
- Your medical care, including your hospital stay, surgery, diagnostic and lab tests, medications, follow-up visits, and physical therapy
- Lost wages if you have already missed work
- Lost future earning potential if your injuries prevent you from going back to work
Who is responsible for paying my compensation in a premises liability case?
The insurance company that the Fort Walton property owner has a policy with is responsible for paying your settlement. However, who or what entity is liable for your injuries depends on the circumstances of your case. For example, if someone tripped on a sidewalk outside of a home, the homeowner may argue that the municipality is responsible for maintaining it. A specific store renting a location in a strip mall may be liable for your injuries or the manager of the property that the store rents from.
Proving Liability
A challenge in premises liability cases is determining who is responsible. Some circumstances can lead to disagreement from the two parties over who is liable:
- Whether a reasonable person would have identified the condition on the property as dangerous and whether the property owner had enough time to remedy the situation
- If a fall happened on a broken sidewalk, is the property owner or a local government liable for not maintaining it?
Having a Fort Walton Beach premises liability attorney on your side is helpful when the insurance company questions your carelessness, which they will. They may ask you:
- What kind of footwear were you wearing? Did your footwear make you more prone to slipping, tripping, or losing your balance?
- Were you in a prohibited area on the premises that the property owner was aware had a hazard?
- Did you ignore signs that the property owner posted about the danger?
- Were you looking at your cell phone, running, inebriated, or behaving in a way that made falling more likely?
Call Us Today
Falls lead to very high medical expenses and other damages, which the insurance company is going to fight hard not to pay. One reason why you need an attorney‘s help with your slip and fall accident case is that they enter negotiations with the insurance company and their attorneys to come up with a settlement that benefits you. Our Fort Walton Beach attorneys handle everything from helping you file your claim, appeals, trials, and any other court motions.
The insurance company is going to do everything in its power to pay out less to save itself money. Slip and fall cases typically result in high damages that the insurance company will be expected to pay, so they will use their resources to argue for a lower settlement. When the insurance company gives you a lowball offer, we fight back and demand that you get the settlement you deserve.
Another reason why you should contact a Fort Walton Beach premises liability lawyer is that we gather evidence and talk to witnesses for you. We handle these aspects of your case while you recover from your injuries. We can also talk to others who may have been injured on the same property in the past. We will provide evidence to the court to help you win a just settlement.
Fasig | Brooks helps victims of Fort Walton Beach premises liability accidents get the damages they deserve in their premises liability claim. Call us today at 850-777-7777 to schedule your initial consultation with one of our attorneys. If you can, bring copies of your medical records, photos from the accident, and other evidence you have collected so that we can review it. Our compassionate lawyers have successfully sought fair and just settlements for victims in Fort Walton Beach, and we are eager to help you as well.
