Premises Liability Lawyer

Premises Liability

Property owners and managers have a responsibility to provide a reasonably safe environment for any legal visitor to their property. When they fail in this duty, and people get hurt, victims have a right to file a premises liability claim to recover compensation for their injuries.

If you are suffering from injuries caused by an accident on someone else’s property in Volusia County, Flagler County, or the surrounding areas, Rue & Ziffra Law Offices can help you fight for your rights. For over 40 years, our Florida premises liability attorneys have been serving your community and fighting on the side of victims just like you.

At Rue & Ziffra Law Offices, we focus exclusively on helping victims of personal injury accidents seek the justice and compensation they deserve. Since 1976, our experienced attorneys have helped over 28,000 people and families get on the road to recovery, and we have won more than $435 million for our clients.

As demonstrated by testimonials from our past clients, customer satisfaction is our No. 1 priority. We are dedicated to not only providing qualified legal services, but also to giving clients the personalized attention, respect, and compassion they deserve.

Don’t wait to stand up for your rights after an accident caused by someone else’s negligence or wrongdoing. Contact Rue & Ziffra Law Offices today to schedule your initial consultation.

We’re available to serve you 24/7, plus we have English, Spanish, and Russian speaking attorneys to better serve clients in our community. Your initial consultation is free, plus you won’t pay anything unless we win compensation for you.

To get started on your case, call Rue & Ziffra Law Offices right away or chat with us online.

We Get Results

Types of Premises Liability Claims in Florida

Some of the most common types of premises liability claims in Florida include:

  • Dog bites or animal attacks
  • Exposure to toxic chemicals, asbestos, or toxic mold
  • Slip and fall accidents
  • Assaults or other violent attacks
  • Swimming pool or beach accidents
  • Fires or explosions
  • Automatic sliding door accidents
  • Falling merchandise
  • Hotel or resort accidents
  • Flooding
  • Elevator and escalator accidents
  • Building collapses
  • Parking garage or parking lot accidents
  • Amusement park and fair accidents
  • Nursing home abuse or neglect
  • Daycare accidents

What Causes Injuries on Someone Else's Property?

Many hazards and dangerous conditions can result in injuries on other people’s property. Some of the most common causes of these injuries include:

  • Inadequate maintenance
  • Rough, uneven, or slippery flooring
  • Torn carpets or unsecured rugs
  • Insufficient staff training
  • Unleashed dogs
  • Damaged Sidewalks
  • Improper fencing or doors sround swimming pools
  • Potholes
  • Broken tiles
  • Uncleared or untreated ice or snow
  • Loose floorboards
  • Ceiling collapse
  • Clutter or debris in walking paths
  • Broken windows
  • Getting caught in elevator or automatic sliding doors
  • Stocking doors
  • Manufacturer defects
  • Clothes or body parts caught in escalators
  • Overloaded shelves
  • Liquid spills
  • Improper materials used in construction
  • Faulty wiring
  • Recently waxed or mopped floors
  • Walls and roofs that aren't water-resistant
  • Elevators that suddenly drop or stop between floors
  • Improperly vented stoves or heaters
  • Gunshots, knifing, rapes, or other violent attacks
  • Unsecured wires or cords
  • Poor Lighting
  • Owning dangerous dogs or animals known to be aggressive
  • Failure to securily fence areas containing dogs.
  • Construction site negligence
  • Broken stair railings
  • Unsafe use of stairs or ladders
  • Inadequate security staff or afety measures in parking lots or buildings
  • Failure to warn visitors about dangers or block off access to hazards
  • Uneven stairs
  • Building code violations
  • Broken locks at rental properties or hotel rooms

What Causes Injuries on Someone Else's Property?

Some of the most common types of injuries caused on other people’s property include:

  • Spinal cord injuries
  • Emotional trauma
  • Hip fractures and disclosures
  • Sexual assault injuries
  • Disfigurement and facial scarring
  • Ankle, wrist, knee, and elbow injuries
  • Paralysis and other permanent disabilities
  • Tendon and ligament injuries
  • Chemical burns
  • Back injuries
  • Broken bones
  • Cuts, lacerations, and bruising
  • Neck injuries
  • Damage to hands and feet
  • Traumatic brain injuries
  • Internal organ damage
  • Shoulder injuries

Who Can Be Held Responsible in a Premises Liability Claim?

Depending on the type of premises liability claim, some of the parties that might be liable for your accident include:

  • Store, bar, or restaurant owners
  • Landlords
  • Hotel, motel, or vacation rental owners
  • Grocery store companies
  • Dog owners
  • Architects
  • Seaside shop managers
  • Equipment manufacturers
  • Private homeowners
  • Property management company
  • Local or state municipalities
  • Owners of sporting arenas, clubs, cinemas, and other entertainment venues
  • Apartment owners
  • Security companies
  • Developers
  • Contractors, such as construction companies
  • Developers
  • Contractors, such as construction companies
  • Suppliers of building materials

Not every injury that happens on someone else’s property is eligible for a premises liability claim. In order to recover compensation from this type of claim against an individual or company, you must prove that they were liable for your injuries, and they were negligent. Specifically, you must show:

  • They had a duty to protect you – for example, they were responsible for your safety because you were a lawful visitor to their store.

 

  • They knew about or should have reasonably known about the hazard that caused your accident.

 

  • They failed in their duty to protect you by committing some sort of negligence, recklessness, or wrongdoing – for example, they failed to hire adequate security or fix a broken staircase railing.

 

  • Their wrongdoing or negligence caused your accident and led to the injuries and damages that you are suffering.

You must show that you didn’t do anything to contribute to your accident. If you were trespassing at the time of your accident, then it is unlikely that you will be able to recover compensation for your injuries. Premises liability laws typically only cover legal visitors, such as guests, invitees, or licensees.

However, if you were on the property legally and you did something legal that might have contributed to your accident, then you might still be able to recover some compensation for your injuries.

Under Florida’s comparative negligence laws, victims can still typically sue for compensation for the accident-related damages they suffer. If the victim was less than 50 percent to blame for

premises liability lawyer

the accident, then they can claim some compensation, although insurance or the courts might significantly reduce the amount of money.

In addition, Florida laws on premises liability have numerous exceptions, especially for accidents involving children. For example, if a child drowns after trespassing on someone’s property, then the property owner might still be liable for the accident under the attractive nuisance doctrine.

An experienced Florida premises liability attorney can help you understand which laws and exceptions apply to your case, and they can help determine all of the parties that might be liable for your accident.

What Damages Are Available for Premises Liability Claims?

In premises liability claims, victims can often recover a range of economic and non-economic damages, such as:

  • Medical expenses stemming from the accident, such as doctor visits and treatment, ambulance transportation, medications, hospitalization, and surgeries
  • Lost quality of life
  • Future medical care, including rehabilitation, therapies, in-home care, follow-up visits, and medical devices and equipment
  • Wages lost during your recovery from the accident
  • Lost ability to earn income in the future
  • Disability accommodations
  • Loss of enjoyment of life
  • Disfigurement or permanent scarring
  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Other damages

In order to recover compensation, victims must file a claim on time. According to Florida’s statute of limitations, victims usually have four years from the date of their accident to file a premises liability claim (Florida Statutes – Section 95.11(3)). After this deadline passes, victims typically cannot seek compensation for their injuries.

Florida law has some exceptions that might lengthen or shorten the amount of time you have to file a claim. A skilled premises liability lawyer can help determine which timeline applies to your case, plus they can help complete the paperwork you need for your claim and help make sure it’s filed on time.

If your close family member was killed in an accident on someone else’s property, you might be able to file a wrongful death suit. Compensation from these types of suits typically helps eligible survivors of victims cover expenses related to the accident, such as funeral and burial costs, loss of the deceased’s income, emotional distress, and loss of consortium.

Contact a Premises Liability Lawyer Today

If you were injured in an accident on another person’s property and it wasn’t your fault, contact the premises liability attorneys at Rue & Ziffra Law Offices right away. To set up your free case evaluation and learn about your legal options, contact us online or call us now.

Frequently Asked Questions

After a serious injury or accident, victims and their families have many questions in mind. We encourage you to contact us today for a free consultation, so we can personally address all your questions and concerns.

Meanwhile, these are a few of the most common questions we hear from our clients.

What is Premises Liability?

Premises liability law is a legal theory that states that if a person is injured on another person’s property, the owner can be held liable for the accident. Usually, this is through a failure to maintain the property and correct potentially hazardous conditions.

Premises Liability Who is Responsible?

The property owners and residents are held liable for accidents and injuries that take place on the property. Owners must maintain a safe environment to the best of their ability. Failure to keep their property safe for visitors can result in premises liability.

How Can I Prove that the Owner of the Property Where I was Hurt was Negligent?

With any personal injury claim, finding negligence in a premises liability case depends on proving the following four elements:

  • Duty: It must be shown that the property owner had a duty to keep guests safe by maintaining their property so that visitors would not be harmed.
  • Breach of duty: Knowingly failing to maintain safe conditions can constitute a breach of duty.
  • Injury: The unsafe conditions resulted in injury to a visitor.
  • Causation: The injury occurred as a direct result of the owner’s failure to correct the hazardous condition.

 

In other words, if the property owner knew of a potentially dangerous condition, or reasonably should have known about it, and their failure to correct it resulted in someone getting hurt, they can be sued for negligence.

If I am Assaulted or Robbed Outside of an ATM at Night, Can the Bank be Held Responsible?

Yes, banks, universities, and other public institutions may be held responsible for failing to provide adequate security measures to keep visitors safe from assaults, robberies, and other crimes.

Can I Recover Damages if I Trip on Debris on a Public Sidewalk Next to a Construction Site?

If you are injured by debris from a nearby construction site, the construction company may be held responsible for failing to make sure that the sidewalk around their worksite is clear.

Lawyers are Expensive. Can I File a Personal Injury Claim on My Own?

The success of your premises liability claim depends largely on having the right representation. By working with an experienced lawyer who has extensive experience with the laws associated with personal injury claims, you may increase your chances of receiving maximum compensation. With so much at stake, including medical expenses and lost wages, you should not risk the outcome of your case by attempting to handle it without a personal injury lawyer.