Premises liability is just a technical way of saying that a property owner or occupant may be responsible for your injuries if you are hurt because they failed to maintain those premises in a safe manner.
Under Florida law, the duty to visitors to the property depends on the nature of the visitor’s presence on the property. The owner or occupant has a duty to either correct or warn visitors of dangers if:
- The owner or occupant is aware of the danger or should reasonably have been aware of the danger;
- The visitor could not be expected to be aware of the danger through the use of reasonable care; and
- The visitor was:
- On public property for the intended public purpose (for example, picnicking in a public park); or
- On business premises for a purpose related to the business; or
- A social guest of the owner or occupant
A lesser duty applies to uninvited visitors, but the property owner or occupant has some level of responsibility even to trespassers.
Common Types of Premises Liability
Premises liability can take in a wide range of injuries, but the most common types of premises liability personal injury claims include:
- Slip and fall injuries and other injuries based on hazards in the building or land, such as slippery floors, broken stairs and crumbling facades;
- Dog bite and other animal attack injuries based on failure to control dangerous pets; and
- Injuries sustained when a crime was committed on the property, if the owner or occupant had reason to foresee the incident
Damages in a Tampa Area Premises Liability Case
Like all personal injury claims, premises liability cases can give rise to a variety of claims for damages, depending on the nature and extent of the injury. The most common types of economic damages include lost wages, medical bills and other direct expenses associated with the injury. Non-economic damages are often awarded for pain and suffering and, in some cases, emotional distress. Emotional damages may include anxiety, depression, loss of enjoyment in life and related effects.
Proving Damages in Your Florida Premises Liability Case
Winning a verdict or successfully negotiating a settlement in your premises liability case requires a solid understanding of both substantive law and procedural requirements. Our personal injury attorneys have the knowledge and commitment required to build the strongest case possible based on the facts. When you schedule a free consultation, we will:
- Make an assessment of the strength and possible value of your claim
- Determine who is responsible for your injury and whether they have funds or insurance from which to compensate you
- Recommend a course of action based on the specifics of your case
If we accept your personal injury case, our attorneys will:
- Guide you through every step of the process
- Take witness statements and gather other evidence
- Attempt to negotiate a favorable settlement for you
- Represent you at mediation or trial
Talk to a Tampa Premises Liability Attorney Right Away
Time is of the essence. Although you have four years from the date of your injury to file a personal injury case in Florida, the passage of time makes it much more difficult to build a strong case on your behalf. As time passes:
- You may make mistakes in speaking with an insurance company representative or other party who does not have your best interests at heart
- Witnesses may move away, leave jobs or otherwise become difficult or impossible to locate
- Memories will fade, making statements less clear and less reliable
- Physical evidence may be lost to the natural passage of time and change in premises, or may be intentionally destroyed
Give yourself the best possible chance at a fair recovery—schedule your free consultation right now. Call 1-800-253-5523 or fill out the contact form on this page to get started.