As a guest or visitor on someone else’s land, you have the right to feel safe and secure. In fact, property owners in Florida have to take steps to ensure that you aren’t injured while you’re visiting. However, some owners may cut corners or simply fail to fix a hazard that exists on their property. This increases the chances of serious accidents and injuries.
If you’ve been injured on another person’s property in a slip and fall or other accident, you may have the right to recover compensation under the legal concept of premises liability. Contact the Miami premises liability lawyers at Lavent Law, P.A. for immediate legal assistance. We understand that an unexpected accident can be physically, emotionally, and financially devastating. We’re prepared to help you fight for the money you need and deserve during this difficult time. Call today to schedule a free consultation and learn more.
Why You Need an Attorney to Handle Your Premises Liability Case
Your life can be turned upside-down when you suffer an unexpected accident and injury. You may be dealing with a painful injury and struggling to get back on your feet. While you may have the right to recover compensation, the last thing you need is the stress of a lawsuit. The best decision you can make is to hire an experienced attorney to handle your legal case.
Here’s why it’s important to hire an attorney to handle your premises liability lawsuit.
1. Property Owners Will Be Quick to Shift Blame
Property owners (and their insurers) do not want to take responsibility for any injuries that you suffer on their premises. You can be certain that they’ll fight you every step of the way if you file a premises liability lawsuit. Their primary strategy may be to shift blame for the accident to you. If they’re successful they can potentially prevent you from recovering the money you deserve.
At Lavent Law, P.A., our attorneys will fight to hold negligent property owners responsible for any harm they cause. We’ll carefully investigate your case and find the evidence that’s necessary to establish liability. Once we have proof that the property owner is to blame we will demand compensation.
2. Insurance Companies Will Want to Undervalue Your Case
You may deal with an insurance company if you file a premises liability claim. Insurance companies will do whatever they can to limit your financial payout. One strategy is to undervalue the extent and severity of your injuries.
Our attorneys will make sure that your case is valued properly. We will investigate your case carefully with the help of local experts. These experts can shed a lot of light about the value of your case. We’ll make sure that we identify how your injury may affect you today and in the future. This will allow us to determine how much your premises liability case is really worth.
3. More Than One Person May Be At Fault
It’s easy to point fingers directly at a property owner when you’re injured on their property. However, it’s possible that more than one person could be responsible for the accident and your injury. If this is the case, you’ll have the right to demand compensation from those other parties.
Our premises liability attorneys will thoroughly investigate your case to determine all possible causes. Once we’ve figured out why an accident happened we can then identify who is to blame. Product manufacturers, business managers, and other negligent third parties may also be liable for the injuries you’ve suffered. We’ll aggressively pursue compensation from anyone who contributed to your harm.
Property Owners Have an Obligation to Keep You Safe
Anyone who owns or leases property in Miami has a legal duty to keep guests and visitors safe. Generally speaking, property owners should keep their land free from hazards and safe for anyone who enters. However, the specific duty of care that is owed to you depends on why you’re on the property in the first place. Property owners have a greater responsibility to protect invited guests than those who aren’t.
Invitees are individuals who are on property because they’ve been invited by the owner. This invitation could be explicit (e.g., the owner personally asks you to come visit) or implied (e.g., you’re a customer visiting a business to make a purchase). Invitees may include business associates, hotel guests, concert or event attendees, amusement park guests, museum patrons, or retail customers.
Property owners owe the highest level of care to invitees. Premises must be inspected regularly and dangerous conditions, once identified, must be fixed right away. Owners can even be liable for injuries that are caused by hazards that they should have known about but failed to identify.
Licensees are individuals who are on property for social purposes. There’s no economic benefit to the property owner because you’re there. In most cases, licensees are social guests, friends, and family members of the owner. Property owners have less of an obligation to protect licensees. Owners must warn licensees of known hazards, maintain their property, and fix any hazardous or dangerous conditions.
Trespassers are individuals are on property without the consent of the owner. In some states, property owners have no obligation to protect trespassers from harm. In Florida, however, owners do owe some level of care to unwanted guests. Property owners have to warn trespassers of known hazards or dangerous that wouldn’t be easily observed.
There’s an exception if a trespasser is a child. Property owners have an obligation to protect children from dangerous conditions on property, regardless of why that child is there. This is particularly true if an owner has what is known as an “attractive nuisance” – or something on the land that’s likely to attract children – on the premises.
An attractive nuisance can include swimming pools, trampolines, gym equipment, hot tubs, construction equipment, and railroad cars. Owners have an added obligation to make sure that children are kept away from these potentially-dangerous objects.
Types of Premises Liability Case
You may have a premises liability lawsuit if you’re injured while visiting someone else’s property. Premises liability is a broad category that covers a wide range of accidents and injuries. At Lavent Law, P.A., our personal injury lawyers regularly handle premises liability cases involving:
- Slip and fall accidents
- Swimming pool accidents
- Elevator accidents
- Hotel accidents
- Negligent security
- Apartment building accidents, and more.
If you’ve been injured on another person’s property you may have the right to recover compensation. Contact our experienced premises liability attorneys today to find out how we can help you maximize your financial award.
Causes of Premises Liability Injury Cases
A premises liability claim can exist whenever you’re injured on another person’s property. In order for the claim to be successful, you’ll have to prove that the owner’s negligent maintenance or use of the premises caused your injury. Commonly cited causes of accidents and premises liability cases in Miami include:
- Inadequate lighting
- Slippery conditions
- Broken sidewalks, walkways, or stairs
- Debris or objects in walkways
- Defective and/or poorly maintained equipment
- Dangerously displayed merchandise, and
- Missing or broken guardrails.
Have you suffered an injury on someone else’s property? Contact our Miami personal injury lawyers to learn about your legal rights and options.
Elements of a Premises Liability Lawsuit
So, owners have a legal duty to keep you safe when you’re a guest on their property. If you’re injured because an owner has cut corners or failed to inspect the property, you may have a legitimate premises liability lawsuit on your hands.
When you file your premises liability claim you’ll have to prove that you suffered an injury because the property owner was negligent. This simply means that the owner had an obligation to keep you safe and failed to do so.
Specifically, you’ll have to prove:
- The defendant owned or was in control of the property
- The defendant had a duty to keep you safe from foreseeable harm
- The defendant was negligent in the use or maintenance of the premises
- You suffered an injury, and
- The defendant’s negligence as a substantial factor of your injury.
It’s important to speak with an experienced personal injury attorney if you’ve suffered an injury while on someone else’s property. Owners and insurance companies will be quick to contest your allegations. In fact, they may even try to shift responsibility for the accident onto you. Your attorney can help to protect you from these legal strategies and tactics. Call Lavent Law, P.A. to speak with our experienced legal team today.
Common Premises Liability Accident Injuries
There are many different types of premises liability accidents. As a result, victims can really suffer a wide range of injuries. At Lavent Law, P.A., we’re prepared to help you recover compensation for any accident-related injury, including:
- Soft tissue injury
- Broken bones
- Burn injury
- Spine injury
- Brain injury
- Meniscus tear injury
- Back injury (herniated disk injury, bulging disk injury, lumbar injury)
- Catastrophic injury
- Wrongful death, and more.
Call today to find out how we can help you maximize your financial award.
Damages Available in Premises Liability Cases
The consequences of an unexpected injury can have immediate and long-lasting consequences that touch on every aspect of your life. You may struggle with a painful injury and require extensive medical care. You may struggle with flashbacks and severe emotional trauma. You may even miss time at work or suffer a permanent disability. Filing a personal injury lawsuit can allow you to recover compensation for these and other harms.
At Lavent Law, P.A., our attorneys will aggressively pursue damages on your behalf, including money for:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages
- Loss of enjoyment of life, and more.
Call us today to schedule a free consultation. We’re here to help you recover compensation when you need it most.
Call Miami Premises Liability Attorney Boris Lavent Today
Have you been injured in an accident while visiting another person’s property? If so, you may be entitled to compensation. Contact the Miami premises liability attorneys at Lavent Law, P.A. to learn about your legal rights and options. We can help you fight for the money you need and deserve. We offer a free consultation, so do not hesitate to call for help today.