When you leave your own property and step onto public, private, or government property that you are lawfully allowed to be on, you have every right to expect that the party responsible for the maintenance of this property has taken the appropriate steps to keep you safe from injuries. Unfortunately, there are many instances when the people in charge of a property fail in their duty to keep visitors safe from harm, resulting in a premise liability claim. These types of injuries happen for a variety of reasons, some of which we will discuss below; however, regardless of the specific cause of the accident, if someone else is responsible for it, then you are entitled to compensation for your injuries.
Work With a Personal Injury Attorney Today
One of the central issues of any premise liability is determining how much a victim is owed following their accident, and this process can be very frustrating and complicated when you are trying to negotiate a settlement while trying to recover from your injuries at the same time. The team at Fasig | Brooks has a history of successes helping victims of these types of personal injuries, as well as many other types, and will be happy to give you the legal support you need in order to get a fair settlement.
Read about some general information regarding premise liability injuries and claims below, and contact our firm as soon as possible to schedule a free initial consultation. During your consultation, you will be able to speak with an experienced legal professional about your situation and understand more about how we can help you through this process with the support and representation that you deserve.
Common Premise Liability Cases
In order to determine whether or not a premise liability injury has happened, there are a few general factors that must be present in the accident:
- The defendant must be legally responsible for the management and maintenance of the property
- The defendant failed to provide you, a lawful visitor, with a standard of care intended to keep you from being injured
- You were in an accident as a result of this failure
- Your accident resulted in injuries that have impacted you in a measurable way
As you can imagine, these factors leave open a wide range of possible situations that could be legally considered to be a premise liability case, entitling the plaintiff to financial compensation for their suffering.
These types of situations can happen on private property such as a private residence, a semi-private property like a shopping plaza or grocery store, public property like a park or sidewalk, or government property like a municipal building. Your legal right to being on the property at the time of the accident is another important factor that we will need to determine.
The following are just a few of the most common premise liability claims in Florida:
Slip and Fall
A slip and fall is any situation where the victim slips or trips over a hazard such as wet tiles, broken stairs, or a slippery surface that the defendant either knew about and failed to fix, or should have reasonably been aware of the issue and therefore should have alerted the defendant of the danger.
If you are the victim of a crime, such as an assault, a robbery, or anything else, then you may be able to explore whether or not the property owner or manager had taken the appropriate steps to keep you safe as a visitor. If it is found that they did not take adequate security precautions, and you were injured as a result, then this is a likely candidate for a premise liability case.
Improper maintenance is a very common cause of premise liability injuries, and include things like maintaining the proper structure of a building such as safe stairs and secure handrails, as well as things like sinkholes in walkways, unsecured objects falling on a victim, and more. A slip and fall injury may be found to be the result of improper maintenance in many cases, such as leaky pipes creating a slick walkway.
Frequently Asked Questions About Premise Liability
The following are just a few of the most common questions that we answer during initial consultations and work to continuously expand upon throughout our work with victims of these types of accidents. Keep in mind that the following answers are intended to give you a very general idea of the topic, but in order to get a specific answer it is important that you schedule your free consultation as soon as possible.
Who is at fault for a premise liability personal injury?
Determining the answer to this question can prove complicated, especially when the property is leased by a tenant, there is a management company contracted to handle all upkeep, or you are injured from construction taking place on public property. In any case, we will need to go through the available channels in order to determine who is responsible, as well as who we will seek compensation from. In many cases, we will be working with a surety company or insurance agent in order to reach a settlement agreement or filing a lawsuit against.
How much is my premise liability case worth?
In order to determine how much any personal injury case is worth, there is a lot of work and calculation that must be done first. Economic damages are the basis of any personal injury case and include any measurable financial impact of an injury, including things like medical bills, recovery costs, and impacts on the victim’s finances and earnings.
Once a comprehensive audit of a victim’s economic damages has been concluded, the next step is to calculate the non-economic damage of the accident. These types of damages are much more difficult to calculate, since they are abstract, and do not have measurable monetary values. These include things such as the actual pain and suffering of an injury, as well as the emotional trauma that a victim is left to endure in the wake of this experience.
Do I need a lawyer to file a premise liability injury claim?
There is no legal requirement in the United States for anyone to have an attorney representing them, but it is strongly suggested in all cases. When someone who is unfamiliar with the extremely complex legal system in the United States attempts to represent themselves, there are many opportunities for them to make seemingly insignificant errors or missteps that can seriously impact their case. This is especially true when the individual is attempting to recover from significant injuries at the same time.
Contact Us Today For a Free Initial Consultation
The sooner you contact the team at Fasig | Brooks, the sooner we will be able to start taking the necessary steps towards getting you a fair settlement. We understand that this is likely a very stressful time in your life, and we will be happy to provide you with clarity and guidance for your legal issues so that you are able to prioritize your recovery and personal needs. Contact us now so that we can get started today.