If you’ve been injured on someone else’s property in Florida, you may be feeling a mix of pain, frustration, and confusion. Don’t worry; these feelings are valid and shared by many who find themselves in similar situations. If you are a victim of such an incident, it’s important to know you have the right to seek compensation. This blog aims to provide an overview of premises liability in Florida, offering clarity and support as you navigate this challenging time.

Navigating Premises Liability in Florida

Premises liability might seem complicated, but at its core, it just refers to the responsibility that property owners have toward the public in preventing injuries on their property. This obligation extends to all aspects of their property – from walkways and buildings to any other area that could pose a risk. Property owners must maintain their property in a way that prevents harm to visitors. When they fail to do so, and someone is injured as a result, the property owner may be held liable.

In Florida, a property owner’s liability depends on several key factors. Primarily, they must have been aware of a potential hazard or should reasonably have known about it. This includes situations where a property owner has failed to fix a known hazard or has not provided adequate warning about potential dangers. For instance, a wet floor without proper signage could be a basis for liability, even more so if it was left for an extended period.

Common injuries due to property negligence include slip and fall accidents, injuries from falling objects, or accidents involving defective or unsafe structures. Florida law covers a broad spectrum of injuries, ranging from minor bruises to more severe, life-altering injuries. But no matter the injury you suffer, you have the right to fight for compensation.

In Florida, the legal rights of an injured party can vary based on their status as a visitor. There are three main categories: invitees, licensees, and trespassers, each with different implications. Invitees, as the name implies, are owed the highest duty of care, as they are understood to be invited onto the property. Licensees, who are on the property for their own purposes (like social guests), are owed a lesser duty. Trespassers, who have no legal right to be on the property, are owed the least duty, although property owners cannot willfully harm them.

Seeking Justice and Compensation

After an injury on someone else’s property, taking the proper steps towards seeking justice and compensation is critical for your emotional, physical, and financial well-being. Here’s a basic guide to navigating this process:

Immediately after an injury, prioritize your health and evidence gathering. Seek medical attention to address injuries and obtain medical records, which may end up being crucial for your claim. Simultaneously, document the accident scene, taking photos or videos if possible, and gather contact information from any witnesses. This initial evidence collection can significantly impact the strength of your case, but you may also have the opportunity with legal counsel to do more fact-finding.

We know that courtrooms can be scary, so here is what you can expect from start to finish:

Consultation with an Attorney: This initial meeting allows you to familiarize yourself with a potential attorney and discuss the merits of your case at no financial risk.
Investigation and Evidence Gathering: Your attorney will thoroughly collect and analyze evidence to build a robust case.
Filing a Claim: The claim is usually filed against the property owner’s insurance.
Negotiation with Insurance Companies: Most cases are resolved through negotiations for a fair settlement.
Court Proceedings: If a settlement cannot be reached, your case may go to court.

In many cases, parties receive a settlement long before you reach a courtroom, meaning you can relax and recover while your attorney does the work on your behalf.

If you or a loved one have suffered a slip and fall injury on someone else’s property, contact Probinsky & Cole today.