Property owners in Florida have a responsibility to keep their premises safe for guests and visitors. If you are injured on someone else’s property, you may be eligible for compensation for any injuries you sustain. You should get help from an experienced Delray Beach premises liability lawyer.
When you contact Steinberg Law, we will review your case and help you understand your legal options. Over the years, we have successfully represented clients in all types of premises liability cases, including slip and fall accidents, dog bites, and more.
We know how to handle premises liability cases. Contact our Delray Beach personal injury lawyers today at 877-783-4611 for a free consultation.
Do I Have a Premises Liability Claim?
If you have been injured on someone else’s property, you may have a premises liability claim against the property owner. In order to succeed on such a claim, you must show that the property owner was negligent in maintaining the property and that this negligence resulted in your injuries.
There are many different ways in which a property owner can be negligent.
If there is a hole in the ground or an exposed wire, and the owner fails to warn visitors of the danger or take steps to fix it, then the owner may be liable for a visitor’s injuries. Similarly, if the property is not adequately lit or if there are other safety hazards, the owner may be held responsible if someone is hurt.
To win a premises liability case, you will need to prove that the property owner knew or should have known about the hazard and failed to take steps to address it. You will also need to show that you were injured as a direct result of the negligence.
If you can meet this burden of proof, then you may be able to recover compensation for your lost wages, medical bills, and other damages.
What Are Common Injuries in Premises Liability Cases in Delray Beach?
Some of the common injuries in premises liability cases are as follows:
- Slipping & falling on a wet surface
- Tripping on an uneven surface or unmarked step
- Faulty stairs or railings
- Children injured while playing in an unsafe area
- Being hit by a falling object
- Escalator and elevator accidents
- Structural failings that lead to an injury
- Stairs with broken or missing handrails
- Broken elevators
- Puddles formed around refrigerators, air conditioners, or condensers
- Crimes in places where there are insufficient security measures (negligent security)
Who Is Responsible for an Injury in a Premises Liability Case?
A number of different parties can be held responsible in a premises liability case, such as a homeowner, a landlord, the owner of a store, or the property manager overseeing malls, condos, or hotels.
In a premises liability case, the property owner or occupier can be held liable if they were aware of the hazard and did not take steps to fix it or warn visitors.
For example, if there is a hole in the ground that is covered by a sheet of paper, the property owner could be liable if someone trips and falls. However, if the property owner was unaware of the hazard, they may not be held liable.
In some cases, the visitor may also be held partially responsible for their own injury. For example, if a sign warns visitors of a hazard but the visitor does not see it and is injured, they may be found to be partially at fault. Ultimately, each case is unique and it will depend on the specific facts and circumstances.
If you have been injured on another person’s property, it is important to consult with a reputable premises liability attorney in Delray Beach to understand your rights and options. Let us assess the case on its merits so that we can determine who is at fault and how much compensation you can claim.
We will try to establish the following facts based on the specific circumstances of the accident.
- An unsafe condition was found on the property.
- The owner knew of this unsafe condition or should have known about it if they were caring for the property.
- The owner did not fix or remove the hazardous condition, nor did they properly warn you about it.
- You were injured because of the unsafe condition.
What if My Child Is Injured?
Property owners in Florida are responsible for maintaining the safe conditions of their property. This duty is owed to their invitees (people who may visit the property for a commercial purpose) and licensees or social guests.
When it comes to trespassers, Florida property owners have a duty to warn anyone on the premises of potentially dangerous or deadly conditions. Property owners can be held liable for intentional injuries to trespassers.
Children can be attracted to dangers on a property. This is the basis of the attractive nuisance doctrine.
The following features are likely to be considered an attractive nuisance:
- Deep pits
- Unattended swimming pools or ponds
- Old machinery
- Tall or raised structures
- Ladders or something that can be easily climbed
Potential hazards like these should be secured so that children cannot hurt themselves. For example, pools need to be fenced and locked. The fence should be high enough that a child cannot climb it easily.
A premises liability attorney in Delray Beach can hold property owners liable for injuries to children when the following conditions are met.
- The property owner either knew or had reasons to believe that children were likely to trespass on their property.
- The property owner either knew or had reason to believe that a condition on the property presented a risk of serious injury or death to children.
- Children wouldn’t know about or appreciate the gravity of the risk or hazard present on the property.
- The property owner didn’t act to address the danger or otherwise ensure that potential child trespassers are adequately protected.
What Is Negligent Security?
Managers of hotels, condos, apartment complexes, and businesses have a responsibility to put safety measures in place to protect guests or residents from crime. If they don’t take the property steps, they could be held liable if someone is the victim of a robbery, sexual assault, or other violent crime.
Negligent security cases are complicated, so you should call our team at Steinberg Law for help.
What if I Was Injured at My Workplace?
If an employee is injured while working on a property that is owned by someone else, the question of whether the injury is covered by Florida workers’ compensation or premises liability will need to be resolved.
In general, workers’ compensation will cover an injury if it was sustained while the employee was performing their duties, regardless of who was at fault. However, if the employee can prove that the injury was caused by the negligence of the property owner, then they may be able to receive compensation through a premises liability claim.
Suppose you were injured on an unsafe property that belongs to your employer. In that case, you will have limited legal rights when it comes to a premises liability claim. You will only be eligible for workers’ compensation.
However, if the property belongs to a third party and that third party was unable to maintain the safety of the premises, you will be eligible for a premises liability suit against the property owner. Additionally, you will also be eligible for your workers’ compensation from your employer.
Is There a Deadline for Filing a Premises Liability Claim?
The statute of limitations sets a time limit for filing a personal injury lawsuit. After this time frame has passed, you are no longer able to file a claim.
In Florida, you have four years within which you can file your premises liability case. This means that if you are injured on someone else’s property, you have four years from the date of the accident to file a claim. If you do not file a claim within this time frame, you will be unable to recover damages.
Families have two years to file a wrongful death lawsuit if a loved one dies as a result of an accident on someone’s property.
Contact a Premises Liability Attorney in Delray Beach Today!
If you or a loved one have been injured on someone else’s property, it is important to contact a premises liability attorney as soon as possible. In Florida, property owners are required to take reasonable steps to keep their premises safe and free from hazards. If they fail to do so and someone is injured as a result, the property owner can be held liable.
Our premises liability attorneys will review the facts of your case and determine whether the property owner was negligent. If so, they will fight to get you the compensation you deserve for your injuries. Premises liability claims can be complicated. Your attorney can help you gather evidence to support your claim and negotiate with the insurance company to get you the compensation you deserve.
Did you get injured while visiting someone else’s property in Delray Beach? At Steinberg Law, we understand the laws surrounding these types of accidents and can help you get the compensation you deserve. Call us today at 877-783-4611 for a free consultation and let us start fighting for your rights.
