Premises Liability

Always seek prompt medical attention after you are injured, even if you don’t think your injuries are serious. Medical providers can evaluate you and run tests to determine whether you may have sustained injuries which are not yet apparent. You should also notify the property manager or owner. For example, if you are injured in a public place such as a shopping center, notify the store manager. If there were people who witnessed your accident, document their names and contact information. If you can safely do so, take photos of the accident site. Finally, consult with property injury lawyers who can help you understand your rights and options.

Ultimately, property owners are responsible for ensuring safe premises for tenants and visitors alike. Owners who choose to hire property managers still bear liability, although the property management company (or individual) may also share in the responsibility if someone is injured due to the manager’s negligence or failure to maintain safe conditions. In addition to property owners and property managers, other responsible parties may include business owners, government entities, or transit authorities. Your attorney will work to identify all parties with some potential liability for your injuries.

After becoming injured, filing a claim for damages may not be the first thing on your mind. However, it is important that you don’t wait too long to pursue your right to compensation. That’s because Florida law imposes limits for filing claims. In most cases, victims have up to two years from the date of the incident in which to initiate legal action. While there are certain circumstances where an exception may be granted to extend this two-year limit, injured parties should never assume they will have extra time in which to file a claim.

Being injured on someone else’s property is not, by itself, enough to guarantee you will be able to recover compensation from the responsible party. In Florida, injured victims who file premises liability claims must be able to show that the defendant owed a duty of care to the victim, that the duty of care was breached, and that the breach of that duty was the direct and proximate cause of the victim’s injuries. Your property liability lawyers understand these legal requirements and will work on your behalf to gather evidence to support your valid claim.

If you can successfully demonstrate the necessary elements of your premises liability claim, you may be entitled to receive both economic and non-economic damages. Economic damages aim to reimburse you for actual financial losses, such as immediate and future medical costs, repair or replacement of personal property and compensation for lost earnings—including potential future income affected by your injuries. Noneconomic damages are awarded for intangible losses and are intended to compensate you for pain and suffering experienced as a result of the incident.