Orlando Premises Liability Lawyer
Filing a Claim Against a Negligent Property Owner
In Florida, regarding premise liability, both commercial and residential property owners are required to conduct reasonable maintenance and ensure visitors are not injured or harmed due to unsafe conditions. This is known as the duty of care, and when property owners fail to uphold it, serious accidents can occur.
If you were injured on public or private property, and you believe a negligent landowner is to blame, reach out to our personal injury attorneys right away. You could be entitled to financial compensation for your damages, including your medical bills, lost wages, and pain and suffering. However, in Florida, for injuries that occurred after March 24, 2023, victims have two years from the date of the accident or injury to file a civil lawsuit. For injuries that occurred before March 24, 2023, victims have four years from the date of their injury to file a civil lawsuit. If you wait too long, you could lose your right to monetary recovery.
Injured on someone else’s property? Call (407) 500-0000 to discuss your legal options with one of our experienced and compassionate premises liability lawyers in Orlando.
What Is a Premises Liability Claim?
A premises liability claim is a type of civil legal action (as opposed to criminal) in which a person who is injured on someone else’s property files a lawsuit against the property owner or another liable party for damages. “Damages” include any/all injuries and losses, monetary and otherwise, sustained by the person bringing the claim (known as the “plaintiff”) as a result of the injury.
Depending on the specifics of your case, your damages may include things like:
- Medical treatment and care
- Future medical expenses
- Medications and medical equipment
- Pain and suffering, including emotional distress
- Lost income/wages
- Disability and lost future earnings
Our Orlando premises liability lawyers can go over the specifics of your situation with you during a free initial consultation. At this time, we can evaluate possible damages you may be owed, as well as the potential value of your claim.
Types of Premises Liability Claims
Any type of claim involving an accident or injury occurring due to unsafe property conditions or property owner negligence will likely fall under premises liability.
Some of the most common types of premises liability claims include cases involving:
- Slip and falls
- Dog bites
- Negligent security
- Property defects
- Elevator/escalator accidents
- Swimming pool accidents
- Theme park accidents
- Insufficient/improper maintenance
- Explosions and fires
- Toxic exposure
Premises liability claims can arise from all types of accidents occurring on all types of properties, from residential homes and apartment complexes to commercial retailers and grocery stores to public parks, government buildings, and more.
How Do You Prove Premises Liability?
As the person bringing the claim, or the plaintiff, you have the burden of proof. This means that you are required to prove that the property owner, or the defendant, is liable for your injuries and resulting damages.
To do this, there are several key elements you must prove:
- Duty of Care:First, you must prove that the property owner had a legal responsibility to take reasonable measures to prevent you from being injured. In Florida, property owners have varying degrees of responsibility to different types of visitors, including those who visit the property for public or business purposes (invitees), those who are on the property lawfully for non-business purposes (licensees), and those who are not legally allowed to be on the property (trespassers).
- Breach:Next, you must prove that the property owner breached the duty of care they owed to you. Typically, this is done by proving that the property owner was somehow negligent or caused intentional injury. Negligence can include things like failing to maintain the property, failing to repair dangerous property conditions, or failing to warn visitors of defective conditions which the property owner reasonably knew about and knew could cause injury.
- Injuries:To bring a premises liability claim, you will need to prove that you were actually injured or otherwise harmed while on the property. Even if a defective or dangerous condition existed, and the property owner failed to take reasonable measures to remove or warn others about the dangerous condition despite knowing of its existence, but you were not injured, you do not have a case.
- Causation:Lastly, you must prove that the property owner’s negligence or breach of the duty of care was the direct or proximate cause of your injuries. This is typically done by demonstrating how the dangerous or defective condition caused your injuries, as well as proving that the property owner knew about or reasonably should have known about the condition, yet failed to take adequate measures to remove, repair, or warn others of it.
For example, if you visit a theme park with your family on vacation, you are owed a duty of care by the landowner, as you are there for business purposes. As a business invitee, you are owed the highest duty of care under Florida premises liability law. If you are injured on a ride due that lacked proper safety warnings, you would almost certainly have grounds for a lawsuit.
If, however, you were injured after slipping and falling on private property, but you were trespassing at the time, you would likely not have a case. This is because Florida property owners owe very little duty of care to trespassers; they are only required to refrain from causing intentional, willful, and/or wanton injury to those who unlawfully enter their properties.
One exception to this is in instances involving children who are injured while trespassing and who were attracted to the property by a specific property feature, such as a trampoline or swimming pool. According to the state’s attractive nuisance laws, property owners can still be held liable when the person who was trespassing was a minor (under the age of 18).
Choose a Team You Can Trust
Based in Orlando, NeJame Law serves clients in all types of personal injury cases including premises liability claims throughout Orange County and the surrounding areas. Our attorneys bring decades of experience to their practice, as well as a reputation for aggressive advocacy and record-setting results. No matter how complex your case may be, we are here to guide you through the process and fight for the maximum compensation you are owed.
If you were injured while visiting a private residence, shopping at a store, dining in a restaurant, or enjoying a public space, the team at our personal injury division can help you get back on your feet. We offer free initial consultations and do not collect any attorney fees unless/until we recover compensation for you. If we do not secure a settlement or verdict in your favor, you do not pay.
Get started today with your free consultation; call (407) 500-0000 or send us a message using our online form to schedule an appointment with our experienced Orlando premises liability attorneys.