Experienced Fort Lauderdale Premises Liability Lawyer
Fort Lauderdale Premises Liability Lawyer
Find out why we have some of the best Fort Lauderdale premises liability lawyers
Have You Recently Been Injured on Someone Else’s Property?
Goldberg & Loren, the leading Fort Lauderdale premises liability attorney, can help you seek the compensation you deserve. With years of experience and a track record of successful cases, our team is dedicated to fighting for your rights and holding property owners accountable for their negligence.
Contact Goldberg & Loren today to schedule a free consultation. Take the first step towards getting the compensation you deserve.
Definition of Premises Liability
Premises liability refers to a legal concept that holds property owners or occupiers responsible for injuries and accidents that occur on their property. It is based on the premise that property owners have a duty of care to ensure that their premises are reasonably safe for visitors or customers.
In simple terms, premises liability means that if you are injured on someone else’s property due to a dangerous condition or negligence on their part, you may be entitled to financial compensation for your injuries and related damages.
To have a successful premises liability claim, you must prove that the property owner or occupier was negligent in their duty to maintain a safe environment.
Types of Premises Liability
- Slip-and-Fall Accidents: Slippery floors, uneven surfaces, or debris left in walkways can cause individuals to slip, trip, and fall. Property owners are responsible for promptly addressing these hazards to prevent accidents.
More than 6.8 million people were treated in emergency rooms for fall-related injuries in 2020. [1]
Each year, more than 3 million food service employees and 1 million guests are injured as a result of a slip-and-fall accident. The food service industry spends more than $2 billion each year for such injuries. [2]
- Inadequate Security: This type of claim arises when inadequate security measures, such as a lack of proper lighting, surveillance systems, or security personnel, lead to criminal attacks or assaults on the premises.
- Negligent Maintenance: Property owners have a duty to regularly inspect and maintain their premises. Failure to repair defects, broken equipment, or faulty wiring can result in accidents and injuries.
- Defective Conditions: Property owners must address any defective conditions that pose a risk to visitors. This includes issues such as broken or damaged stairs, handrails, or other structural elements.
- Dangerous Animals: Owners of animals that are known to be aggressive or have a history of attacking others can be held liable for injuries caused by their pets.
- Swimming Pool Accidents: Property owners with swimming pools must provide adequate safety measures, such as secure fencing, pool covers, and warning signs. Failure to do so can result in drowning or other pool-related injuries.
- Attractive Nuisances: This term refers to potentially dangerous features on a property that can attract children, such as abandoned buildings, trampolines, or construction sites. Property owners must take extra precautions to ensure the safety of children who may be drawn to these hazards.
- Retail Store Accidents: Slipping on a wet floor, tripping on merchandise, or falling due to inadequate lighting are common scenarios in premises liability claims involving retail establishments.
Types of Injuries in Premises Liability Accidents
- Traumatic Brain Injuries: These injuries occur when a person experiences a forceful blow to the head, leading to cognitive, physical, and emotional impairments.
- Spinal Cord Injuries: Premises liability accidents, particularly those involving falls or accidents in which the victim lands on their back or neck, can cause spinal cord injuries. These injuries can result in partial or complete paralysis, affecting the victim's mobility, sensation, and bodily functions.
- Burns and Electrical Injuries: Accidents caused by fires, explosions, or faulty wiring can lead to serious burn injuries. Victims may suffer from first-degree, second-degree, or third-degree burns, which can cause excruciating pain, scarring, and permanent disfigurement.
Electrical injuries can result from exposed wires, faulty electrical systems, or electrocution accidents, causing severe internal and external injuries.
- Cuts, Lacerations, and Amputations: Broken glass, sharp objects, or improper use of machinery on the premises can lead to cuts and lacerations. In some cases, these injuries can be severe, requiring stitches or even surgical intervention. In the most severe cases, premises liability accidents can result in traumatic amputations, causing permanent loss of limbs or extremities.
- Soft Tissue Injuries: Premises liability accidents can cause various soft tissue injuries, such as muscle strains, ligament sprains, and tears. These injuries can result in pain, swelling, limited mobility, and a prolonged recovery process for the victim.
- Psychological and Emotional Injuries: Post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological disorders can develop due to the trauma experienced in the accident.
Duty of Care Owed by Property Owners and Businesses in Fort Lauderdale
In Fort Lauderdale, property owners and businesses have a legal obligation to ensure the safety of their premises for visitors and customers. This legal obligation is known as the “duty of care.” The duty of care requires property owners and businesses to take reasonable steps to prevent foreseeable harm to individuals on their property.
Under premises liability laws, property owners and businesses are expected to maintain their premises in a reasonably safe condition. This includes regularly inspecting the property for hazards, promptly repairing dangerous conditions, and providing proper warning signs if a hazardous condition cannot be immediately addressed.
Dangerous conditions that can give rise to a premises liability claim include:
- Faulty or broken steps
- Inadequate lighting
- Inadequate security
- Malfunctioning elevators
- Malfunctioning escalators
- Unsafe walkways
- Wet or slippery floors
Property owners owe a higher duty of care to invitees, who are individuals who are invited to enter the property for a business purpose. Those trespassing on the property may have a different level of protection under the law.
Table of Contents
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Definition of Premises Liability
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Types of Premises Liability
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Types of Injuries in Premises Liability Accidents
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Duty of Care Owed by Property Owners and Businesses in Fort Lauderdale
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Steps to Take After Suffering an Injury on Someone Else’s Property in Fort Lauderdale
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Statute of Limitations for Filing a Premises Liability Claim or Lawsuit in Florida
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What to Expect When Hiring a Fort Lauderdale Premises Liability Attorney
Steps to Take After Suffering an Injury on Someone Else’s Property in Fort Lauderdale
Seek Medical Attention:
Your health and well-being should be your top priority. Seek medical attention as soon as possible, even if your injuries seem minor. Some injuries may not be immediately apparent, and a medical professional can thoroughly evaluate your condition.
Document the Incident:
Gather evidence of the accident and the conditions that caused it. Take photographs or videos of the area where the incident occurred, highlighting any hazardous conditions that contributed to your injury. Try to record any names and contact information of witnesses who saw the accident happen.
Report the Incident:
Notify the property owner, manager, or supervisor about your accident. Request that an accident report be filed and obtain a copy for your records.
Preserve Evidence:
Preserve any physical evidence, such as torn clothing, broken items, or defective equipment, as it may be necessary for your case. Keep a record of all medical expenses, including bills, prescriptions, treatments, and any other related costs.
Don't Provide Statements or Sign Documents:
Avoid making statements to insurance companies without consulting your attorney first. Insurance adjusters may use your words against you to diminish your claim. Refrain from signing any documents without understanding their implications fully.
Consult with a Premises Liability Attorney:
To protect your rights and have the best chance of receiving fair compensation, consult with our experienced personal injury lawyers in Fort Lauderdale. We will guide you through the legal process, evaluate your case, and help determine liability.
File a Premises Liability Claim:
Our attorneys will help you gather the necessary evidence, such as medical records, accident reports, witness statements, and photographs, to support your claim.
We will negotiate with the insurance company on your behalf and, if necessary, file a premises liability lawsuit to seek the compensation you deserve for your injuries, medical bills, pain and suffering, lost wages, and other damages.
Statute of Limitations for Filing a Premises Liability Claim or Lawsuit in Florida
In Florida, the statute of limitations for premises liability claims is generally two years from the date of the accident or injury. This means that you have two years from the incident to initiate legal action against the responsible party, whether it is a property owner, manager, or another negligent party.
There are certain exceptions and variations to the standard statute of limitations for premises liability cases in Florida. For instance, if the injury victim is a minor, the statute of limitations may be extended. Minors typically have up to seven years from turning 18 to file a premises liability claim.
In cases involving government-owned property, such as public parks, schools, or government buildings, there may be stricter deadlines and additional requirements to follow. This is due to the concept of sovereign immunity, which limits the liability of governmental entities.
What to Expect When Hiring a Fort Lauderdale Premises Liability Attorney
- We will analyze the details of your accident.
- Our team will consider the extent of your injuries and any potential long-term effects on your well-being.
- We will interview witnesses, review accident reports, and examine any available surveillance footage.
- We will handle all communication and negotiation with the insurance company.
- Prepared to take your case to court.
- A high level of personal attention and compassion.
- Fight for the maximum compensation possible.
Have you been injured on someone else's property? It's time to take action.
Goldberg & Loren, Fort Lauderdale’s premier premises liability attorney, is here to help you get the compensation you deserve. With years of experience and a track record of success, we have the knowledge and resources to handle your case with care.
Contact Goldberg & Loren today for a free consultation and take the first step towards getting the justice you deserve.
Sources
[1] Make Fall Safety a Top Priority. (n.d.). Retrieved September 14, 2023, from https://www.nsc.org/work-safety/safety-topics/slips-trips-and-falls
[2] Restaurant Slip-and-Fall Accident Prevention Program. (n.d.). Retrieved September 14, 2023, from https://amtrustfinancial.com/getmedia/27eb9a10-fd2c-4d08-9511-d17b0bc425ee/RestaurantSlipFallAccidentPrevention-1.pdf
If you've been injured on someone else's property in Fort Lauderdale due to defects, lack of security, or negligence in maintenance, don't hesitate to contact us. Our team is committed to advocating for your rights and assisting you in pursuing the compensation you deserve. Reach out today for a prompt response and unwavering support.
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