All property owners across the United States have a legal duty to keep their premises safe and in good condition. They are also required to make regular inspections of their establishments to ensure they are free from potential dangers to occupants and visitors. When an individual sustains injuries on another party’s property from an accident caused by the owner’s negligence or careless actions, the law allows them to file a premises liability claim. This is designed to compensate them for their injuries and losses.
Unfortunately, proving premises liability is no walk in the park. You may choose to take on the case on your own, but this only hampers your chances of being compensated. There are many nuances in premises liability cases that the assistance of an experienced may be your only shot to get the settlement you deserve even if the defendant is clearly to blame. You are not only inexperienced in such cases, but you may be experiencing pain from the injury making it hard to fully commit to the claim.
Proving negligence by the property owner requires the expertise of a professional Hollywood premises liability lawyer. The team at Klotzman Law Firm has helped numerous victims and their loved ones recover millions of dollars over the years, helping them lead better lives. Whether you are dealing with a head injury, broken bones, paralysis, and other serious injuries due to a slip and fall accident, we will work to seek the maximum settlement allowed under the law. Call our Hollywood offices at 954-915-7405 to schedule a free initial consultation.
Do You Have a Premises Liability Claim?
Premises liability claims can be considered a form of personal injury as you will be seeking compensation for damages incurred due to the careless, negligent, or malicious acts of another party. However, things are not always as straightforward as they seem.
As the claimant, you’re required to show that the defendant’s acts were directly linked to your accident. This entails proving concrete evidence that can be used to hold them accountable for your injuries, losses, and pain.
Also, it is important to note that sustaining bodily harm while on another party’s property doesn’t necessarily mean that the owner was negligent. For your claim to be valid, you need to prove that they knew of the dangerous condition, or should have been aware of it, but failed to address it. Several technicalities may come up when pursuing a premises liability claim and so, in order to protect your rights and interests, seek the right legal representation.
What are the Common Premises Liability Injuries in Hollywood?
There are many potentially dangerous conditions that can lead to accidents on a property. You can be a victim of a minor or major injury, some of which can be life-altering. Our team has handled many premises liability claims over the years and the most common ones include:
Slip & fall on Wet Floors
Establishments with regular foot traffic have to be cleaned constantly and this results in wet floors. Some surfaces are also made of polished stones making them even more slippery. People in charge of cleaning are expected to put up clearly visible signs warning people about the risk of slips and falls.
Faulty Stairs and Railings
All properties should have secure and robust stairs and railings support. When these structures lose their structural integrity, they increase the risk of fall accidents which could lead to injuries like broken bones, traumatic brain injury, paralysis, and more.
Tripping on Uneven Floors or Unmarked Steps
Tripping and falling over uneven or unmarked floors is not uncommon, especially in commercial establishments. Examples include torn carpeting, ruined wooden floors, and missing tiles.
When a dog attacks you on another party’s property, you are allowed to file a claim. You are not even required to show that the dog was aggressive or the owner acted in a reckless or careless manner. This also applies to any other type of animal in Hollywood.
Children Injured While Playing
Schools, daycare centers, parks, and public centers should be safe for children. The people in charge should get rid of any dangerous elements and practice safety practices for the sake of the young ones. If your child sustained an injury while playing on a swing in an amusement park, you can sue the owners on the basis of a defective ride.
If you’ve been attacked at a commercial establishment or business, you can sue the manager or owner for your losses or injuries. Every property in Hollywood is expected to have solid security measures in place to protect people including customers, employees, occupants, and other guests. If the property owner fails to practice this duty, then you can sue them for premises liability.
Escalator and Elevator Accidents
Escalators and elevators in the city of Hollywood rarely fail, but when they do, they cause severe injuries and in some cases, death. These accidents often occur due to improper installation and poor maintenance. People sustain injuries when the elevators move too fast to stop, halt suddenly or there exist unsafe parts between the steps.
Being Hit by a Falling Object
If you are hit and injured by a falling object in a warehouse, mall, retail shop, or similar premises, you may be eligible for compensation by filing a premises liability claim.
All building owners are mandated to take safety precautions to avoid fires. In the unfortunate event a fire occurs, the owners are also supposed to have the right measures in place to help people present in the building. Otherwise, the victims may have legal grounds to file a premises liability claim.
Issues like defective construction, overlooking building codes, disrepair, poor maintenance, and negligent overloading are all factors that may contribute to the failure of a structure or building. If anyone has been a victim of a structural failure or collapse, they have the right to seek compensation by filing a premises liability claim.
Who is Liable for Injury in a Premises Liability Lawsuit?
In Florida, property owners and landlords are supposed to have proper insurance coverage that protects them and other parties from the losses incurred from unexpected incidents. In addition, there are required to practice reasonable precautions in order to uphold safety for anyone who visits the property.
When it comes to establishing liability, there are several aspects to prove. These include:
- Prove there were potentially dangerous conditions.
- Show that the property owner knew or should have reasonably known about the dangerous condition and failed to act accordingly.
- The owner knew about the condition but did not warn people about the danger or take measures to address it.
- Prove that your injuries were a result of the dangerous condition
The most crucial aspect is that the dangerous condition existed on the premises. This can be anything that has the potential to harm an individual. For example, wet floors, unsecured floorboards, deteriorated stairs, and uneven floors all have the potential to cause accidents if there are no precautions in place to warn visitors.
What is My Child Sustained Injury?
Children are always hyper and curious about everything. As such, it’s not surprising that they will wander off when they come across something that catches their eye. This is a factor that has been considered by the law and so, if a young one has been injured on a property that wasn’t yours, you retain the right to seek compensation from the owner of the establishment. As mentioned earlier, all properties, whether public or private should be devoid of any dangerous elements that can lure and injure children.
There are certain elements that can be deemed as attractive nuisances making the property owner liable if a child was curious and became harmed as a result. Examples of factors that could result in such claims include:
- The owner of the establishment knew or had an idea about the dangerous condition. An example is an unfenced swimming pool.
- The property owner did not practice duty of care such as securing or eliminating the hazard.
- The property owner should have been aware of the potential of the condition harming kids.
To avoid cases where a child is injured, property owners need to take the right measures. Examples include:
- Fencing and locking unused places like empty pools. The fences should be high enough to prevent young ones from climbing over them.
- Fencing off construction sites to deter children.
- Covering open pits or wells with a lid that kids cannot open.
It is imperative to note that attractive nuisance tends to apply in situations where the injured child was trespassing. In other situations, proving that the young one was at fault can be tricky. Either way, it is advisable to have ideal legal representation. This will tip the odds in your favor.
What if I Was Injured at the Workplace?
Regardless of where you are, you have the right to safety. However, if you have been injured at the workplace, it’s advisable to pursue a workers’ compensation claim rather than filing a premises liability claim. Any business with more than four employees in Florida is required to have workers’ compensation to protect workers against lost wages and cover their medical bills in case of an injury or illness.
Is There a Deadline for Filing a Premises Liability Claim?
Under Florida law, you have a specific period during which you are supposed to file a premises liability claim. If you fail to meet the deadline, you lose the chance to legally seek compensation. Just like other forms of personal injury cases, you have 4 years from the date of the incident to file a premises liability claim. This deadline is non-negotiable, meaning that even if you are late by just a day, the court will instantly dismiss your case.
Four years might seem like a long time, but the sooner you make the claim the better. Proving negligence in premises liability cases is hard and the longer you wait, the trickier it becomes. So, handle the case while it’s fresh by hiring a reliable lawyer as soon as possible.
What Types of Damages Can You Recover From a Premises Liability Claim?
The types of damages that you can recover from this type of claim primarily depend on the nuances of your case. As a victim, you could have incurred various forms of losses and suffering. Common recoverable damages include:
(i) Medical Bills
You can be compensated for any past, current, and future medical expenses resulting from the accident. These include treatment, surgery, prescription medication, assistive devices, and transportation to the hospital.
(ii) Lost Wages
You may also be eligible for compensation if you lost any wages as a result of the injury
(iii) Reduced Earning Capacity
If your injuries resulted in the loss of earning capacity, perhaps through reduced working hours or being forced to retire, you can demand compensation for the same.
(iv) Non-Economic Damages
Premises liability law also allows the victim to seek compensation for non-economic or general damages. These include pain and suffering, emotional distress, mental anguish, loss of companionship, loss of enjoyment in life, etc.
(v) Loss of a Family Member
If you lost a family member because of an injury sustained on another party’s premises, you have the right to seek compensation to cover funeral and burial costs, lost wages, lost benefits, loss of support, and loss of companionship.
Tips to Strengthen Your Premises Liability Claim
When you decide to make a premises liability claim, you are investing your time, resources, and energy with the hope of getting the justice and compensation you deserve. Thankfully, our experienced lawyers have a few tips that will undoubtedly help strengthen your case and increase the chances of winning:
(i) Gather evidence
First and foremost, you need to prove that the owner of the establishment was negligent and their actions resulted in the injury. Every bit of evidence you can collect will work in your favor including photos of your injuries, the location where the accident happened, and statements from people who saw what happened or barely became victims as well.
(ii) Learn more about the standards of premises liability
The more you know about the process of filing a premises liability claim, the better. This includes the evidence required to prove negligence as well as the statute of limitations that applies to your case.
(iii) Be honest about what occurred
If you were trespassing when you sustained the injury, don’t lie about it. If you’re caught lying, the judge or jury will almost certainly nullify your claim. Remember, honesty is always the best policy especially if you’re the victim.
(iv) Consult a reputable premises liability lawyer
Collecting evidence and preparing a case for a premises liability lawsuit can be an arduous task, and attempting to do so on your own can prove to be a significant challenge. This is especially true if you have sustained injuries and are dealing with the physical, emotional, and financial consequences of your situation. With so much on your plate, it can be almost impossible to keep track of all the necessary deadlines and paperwork required to pursue your case.
Additionally, you may be at risk of being taken advantage of by insurance adjusters for the defendant who may try to convince you to settle for a lower amount, potentially leaving you with less compensation than you deserve. In such cases, seeking the assistance of a legal professional can provide you with the guidance and support necessary to navigate the legal system and obtain the compensation you are entitled to. Your lawyer will help gather the necessary evidence, contact expert witnesses, ascertain all the paperwork is done on time, and represent you accordingly.
How Much Does it Cost to Hire a Premises Liability Lawyer?
When seeking compensation, you’re certainly in an undesirable financial state especially if the accident affected your ability to work. This makes people worried about the expense of hiring a lawyer. Well, you do not have to worry as all Hollywood premises liability lawyers operate on a contingency basis. This means that you don’t have to pay anything unless the case concludes in your favor.
Hire the Best Premises Liability Lawyers in Hollywood Today!
Property owners, managers, and landlords are required to make sure their establishments are safe for everyone. They are also expected to conduct routine inspections to find and get rid of potentially dangerous conditions and warn people of any hazards they come across.
If they fail to take the right steps to address potentially dangerous issues, they can be held liable for any accidents and injuries that happen on the property. As the claimant, you are required to prove that the actions of the accused were directly linked to your accident.
Klotzman Law Firm has seasoned premises liability lawyers that will help you seek justice and compensation for your injuries, pain, and losses. We have vast experienced and have helped numerous Hollywood residents seek the settlement they deserve. Contact us today by calling 954-915-7405 to get started!