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When a business or homeowner fails to protect visitors from known dangers on their property reasonably, they could be held liable for injuries and other damages. This is a legal concept called “premises liability.”

For example, if someone hits their head and suffers a brain injury because a business owner didn’t put out a “Wet Floor” sign, the business owner could be held responsible under Florida premises liability law.

Speak with the Florida personal injury lawyers at Lytal, Reiter, Smith, Ivey & Fronrath. A Florida premises liability attorney will explain more about how we may be able to help. Contact us online or call (561) 655-1990 for a free consultation.

florida premises liability attorney

What is a premises liability case?

In a premises liability lawsuit, “property owners” can be held liable for the injuries caused to the “visitors” of their property.

Property owners refer to:

  • Homeowners
  • Small business owners
  • Rental property owners or management companies
  • Commercial property operators such as grocery stores, hotels, shopping malls, bars and restaurants, entertainment venues, gym owners, and hospitals, to name a few.

Visitors to the property are typically referred to as:

  • Invitees represent customers doing business or attending a social event in which there is an implied promise that reasonable care has been taken to ensure safe conditions.
  • A guest is a welcomed visitor to a property for short or long-term accommodation or an individual who has been invited to a social event in a home with the reasonable expectation that it is a hazard-free environment.
  • Licensees enter the property for their purposes or as social guests with the owner’s consent, with no implied promise of care.
  • Trespassers do so without invitation or welcome and without a promise that the premises have been made reasonably safe against the possibility of injury.

What are the types of premises liability cases?

Here are just a few types of premises liability cases that our highly experienced team has successfully handled for our clients.

Slip-and-falls

A slip-and-fall can have devastating health impacts, especially when someone’s head strikes a hard surface. People most commonly associate this type of accident with slipping on a wet floor in a grocery store, but any sort of fall could be grounds for a premises liability lawsuit. For example, broken surfaces or stairs without proper warning or detour signs can lead to a fall and serious injury.

Falling merchandise or debris

Stocking a store’s shelves is a very important responsibility. Not only do employees have to perform this job efficiently, but also in the safest manner possible. When items fall from a store shelf, they can cause severe injuries, exposing the store to liability.

Faulty elevators or escalators

Improper maintenance of an elevator or an escalator can lead to severe injuries, potentially ones that cause lifelong debilitation. You may be able to sue those responsible for their negligence if this has happened to you.

Inadequate or negligent security

Insufficient lighting or security systems such as guards, alarms, and protective fences to deter criminal activity that results in property damage, loss, physical injuries, or death. If a property owner fails to provide security, or the security they do provide is inadequate, the property owner and the security company could be held liable.

Playground or amusement park accidents

Negligent supervision can lead to terrible accidents in playgrounds and amusement parks. Other contributing factors include faulty maintenance and defective equipment. Multiple parties could be liable in this type of case.

Swimming pool accidents

Children and adults are severely injured – and even killed – each year in swimming pool tragedies. Sometimes, they’re caused by a lack of supervision or a lack of fencing to keep small children from entering the pool and drowning.

Dog or animal bites

Any animal attack can have horrible, long-lasting impacts on a victim. The owner of a dog could be responsible if their pet bites someone or if their pet escapes their yard or home and attacks someone walking in the neighborhood.

Dangerous toxins

Exposure to dangerous toxins via hazardous fumes or contaminated water from chemical spills. Property owners are required by law to provide appropriate disposal equipment and protection for employees to use, handle, and store chemical substances.

What steps should you take if you were hurt on someone else’s property?

Try to keep the following in mind if you’ve suffered an injury while visiting property owned by another person or company. 

1. Visit a doctor as soon as possible

Your priority should be your health, but immediately seeing a doctor could also help protect your personal injury case. Don’t delay medical help. If you do, your injury could get much worse, and you could find it much more difficult to obtain the compensation you deserve.

2. Take photographs and gather other types of evidence

Only take pictures of the accident scene if you’re completely certain it’s safe to do so and if your physical condition allows it. Although these pictures will be important to your case, you should never try to take them at the risk of your health.

If there are witnesses, try to get their names, email addresses, and phone numbers because they could also provide vital evidence. Don’t worry about getting a statement from the witnesses; your Lytal, Reiter, Smith, Ivey & Fronrath personal injury attorney will interview them as part of their investigation.

3. File an incident or police report

If there’s a manager or supervisor available, ask them to fill out an incident report and immediately get a copy for your records. If no one is available, contact the police. An officer can fill out a report and provide you with a copy.

4. Keep your medical and expense records

Keep every receipt, prescription, doctor’s note, or anything else related to your medical treatment. This will be powerful evidence that will help your Florida premises liability attorney prove the extent of your injury. 

5. Speak with a Florida premises liability attorney

A Florida premises liability lawyer with Lytal, Reiter, Smith, Ivey & Fronrath can work to help you obtain maximum compensation. You’ll want to get legal representation as soon as you can so we can investigate and get the proof needed to help you win your case.

Make sure you file a claim on time.

You have two years from the day the accident occurred to file a premises liability lawsuit. This is Florida’s personal injury statute of limitations. If you wait any longer, you won’t be eligible to take legal action. Although two years seems like a long time, you should speak with an attorney immediately so they can perform an investigation before relevant evidence is gone and witnesses’ memories are less reliable.

What are possible damages you could claim?

You’ve no doubt experienced significant financial losses due to your injury. The following are examples of these losses, or “damages,” you might be able to recover.

Economic damages

Economic damages are those that are easily calculated using bills, invoices, and receipts. They include medical bills, lost wages, and more. Since these are easily calculated, they’re also easier to prove.

Non-economic damages

Non-economic or subjective damages are far more challenging to calculate. These include pain and suffering, emotional distress, and others. You’ll need a skilled Florida premises liability attorney to prove and recover these damages.

We’ll work to obtain maximum compensation.

The premises liability attorneys with Lytal, Reiter, Smith, Ivey & Fronrath have a long track record of helping our clients obtain the full and fair compensation to which they’re entitled. We’ll investigate the accident, determine who was to blame, and then work to make sure they pay for their negligence.

Common premises liability injuries

There are several different types of injuries that one can sustain due to an incident that classifies as a premises liability accident. These are some of the most common injuries our clients have suffered:

Who could be liable for your injury?

The following are just some of the many parties that may have contributed to the accident that caused your injuries and may have to compensate you as a result of their negligence.

Property or business owner

You could sue the owner of the property or business where you were hurt for neglecting to fulfill their duty to ensure your safety during your visit.

Business Manager

The property manager could be liable if you suffer an injury in an accident caused by their negligence, such as ignoring hazards they knew existed or should have known existed or failing to supervise or manage their employees properly.

Landlord

If you rent an apartment or house, or you were visiting a tenant, you might be able to take action against the landlord if their negligence led to your injury. For example, if they didn’t ensure walkways or stairways were properly lit, and you fell on uneven pavement, and they knew it was dangerous, they could be liable for your injuries.

Related FAQ:

How do our attorneys prove liability?

Your Lytal, Reiter, Smith, Ivey & Fronrath Florida premises liability attorney will work tirelessly to protect your rights at every turn. We’ll work to uncover the hard evidence needed to prove you deserve every penny we’re trying to obtain on your behalf.

We do this by conducting a very thorough investigation into the accident, determining the identity of all liable parties and your medical diagnoses, and gathering all the evidence needed to prove your case and obtain a fair and just settlement.

What’s the cost of hiring a Florida premises liability attorney?

When you choose Lytal, Reiter, Smith, Ivey & Fronrath, you won’t pay us a dime unless and until we win your case. If we’re successful, we’ll receive a portion of your compensation. There are other advantages available to our clients, such as medical liens, which help keep money in your pocket while you recover. 

Our Florida premises liability attorneys are here to help

Please get in touch with our skilled Florida personal injury lawyers as soon as you can. When you choose us, you can rest assured knowing we’ll do everything we can to help you obtain maximum compensation. 

Schedule a free consultation by contacting us online or by calling (561) 655-1990.

Areas we serve

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