If you’ve been injured on another person’s property due to negligence, you deserve to be compensated for all of your suffering. Reach out to a Miami property hazard attorney from Lavent Law to get started on your case today.
When you head to your local grocery store, you probably don’t expect a life-changing event to occur when you reach for a jug of grapefruit juice in Aisle 3. Unfortunately, accidents can happen to any of us, even in the most unexpected places.
Slipping on an ignored puddle can cause injuries just as serious as those that can come from being a running back in the NFL. No accident occurs at an opportune moment, but if your accident was caused by a property owner’s negligence—such as when a grocery store is aware of a dangerous spill but fails to clean it up—you can be compensated.
Contact a Miami premises liability lawyer from our firm to discuss the details of your accident, and we will let you know whether you have a case for premises liability and how much compensation you can expect to receive for your injury. Then, we’ll fight for the compensation you’re entitled to.
Florida’s Premises Liability Laws Explained
By law, all people who own or lease property have a general duty to maintain that property so others won’t be injured. When you enter another person’s home or business, it’s reasonable that you would expect the property to be safe for you.
Sometimes accidents, like walking into a glass door that was so clean you didn’t see it, just happen. But sometimes accidents are caused by negligence.
If you are injured by a dangerous condition that a property owner either knew about or should have reasonably known about and didn’t correct, you can file a personal injury claim to recover compensation.
Premises liability applies to more than just homeowners. Any of the following parties could be held liable in a Miami premises liability claim, depending on the circumstances of your unique case:
- Small businesses owners
- Property managers
- Bar and restaurant owners or lessees
- Renters of homes or shops
What We’ll Have to Prove
The three main elements that must be proven in a successful premises liability case are the following:
- The responsible party knew (or should have known) of the dangerous condition on his or her property but didn’t remedy it.
- The responsible party failed to give warning or notice regarding a dangerous condition.
- You were injured by the dangerous condition.
Understanding Comparative Negligence
Additionally, Florida uses a system called comparative negligence when it comes to any claims involving negligence. For example, you can seek compensation for a dog bite injury you suffered, but if you were somehow partially responsible for being bitten by the dog, your damages could be reduced by the percentage you are found responsible.
Other Miami Premises Liability Law Concepts
The following are some other important aspects of Florida premises liability law you should be aware of:
- A child’s negligence is not compared equally to an adult’s because adults are presumed to have more cognitive maturity. Children injured on other people’s property may not be held to the same standard of comparative negligence, especially if there was a so-called “attractive nuisance” on the property.
- Trespassers do not have the same right to sue as an invited guest or other individual with authorization to enter the property.
Examples of Miami Premises Liability Claims
The term “premises liability” can encompass a number of accident types. As long as your injury occurred on another person’s property and you had permission to be there, either as an invitee or guest, your injuries probably qualify. An experienced premises liability lawyer in Miami can help clear up any confusion.
The following is a list of common types of injuries that may fall under the premises liability umbrella:
- Dog bite injuries
- Elevator and escalator accidents
- Swimming pool accidents
- Trampoline accidents
- Construction site accidents
The Injuries Property Hazards Can Cause
Injuries that have resulted from a property hazard come in all shapes and sizes. Some injuries could be very serious and lead to unimaginable damages for the victim, and some injuries may be minor. Your compensation will depend on the extent of your injury, as well as how much negligence you’re assigned.
Serious injuries often caused by dangerous property conditions in Miami include the following:
- Traumatic brain injuries
- Broken bones
- Puncture wounds and severe lacerations
- Back and spine injuries
- Organ damage
Winning Compensation for You
When seeking compensation, you can request that all monetary and non-monetary losses be added to your Miami premises liability claim. Monetary losses are financial in nature, while non-monetary losses have more to do with the emotional and physical suffering you’ve experienced as a result of your accident.
Below are some damages commonly requested in premises liability claims:
- Pain and suffering
- All related medical expenses, including surgeries, medications, copays, and physical therapy
- Mental trauma, such as post-traumatic stress disorder (PTSD)
- Mental health services
- Caregiving expenses
- Lost wages and the loss of your future earning potential
- Disability and disfigurement
How a Miami Property Hazard Attorney Can Help
After you’ve been injured on someone’s property, you are likely wondering if you have a case for damages. For you to sue for damages, the property owner must have failed to correct a dangerous situation on his or her property, especially if he or she knew it existed.
Hiring an experienced premises liability attorney in Miami is a good way to help ensure a positive resolution for your case. Here are some of the many ways your attorney can help you:
- Determining whether you have a case for premises liability
- Investigating your accident and injuries and gathering evidence to prove your case, such as medical documentation, witness statements, and video footage
- Filing claim paperwork within the required time frame.
- Communicating with insurance companies on your behalf and negotiating fair compensation
- Taking your case to court and fighting for your compensation
Miami Premises Liability FAQ
It’s only natural for you to have questions, and an attorney from Lavent Law would be happy to answer all of your questions when you call us to discuss your case. We’ve listed some of our more frequently asked questions below so you can be better prepared to discuss your case with us.
What’s the statute of limitations for premises liability cases?
The statute of limitations for personal injury cases in Florida is four years from the date of the injury.
Will I have to go to court to receive compensation?
Not necessarily. The majority of cases are settled outside of the courtroom, usually through settlement negotiations. However, if your case does go to trial, we are happy to fight for you in court.
What if I can’t afford a lawyer?
Our attorneys work on a contingency fee basis, which means we don’t collect payment unless you win your case. That way, your fees can come from your winnings instead of your bank account.
Call a Miami Premises Liability Attorney
Don’t let the party responsible for your injury go unpunished. Your injury could impact you in many areas of your life, including your finances, and you shouldn’t be required to pay for someone else’s mistakes.
Recover compensation for your medical bills, lost wages, pain and suffering, and more by working with a Miami premises liability lawyer at Lavent Law. Give us a call at (305) 440-0450 or complete the online contact form at the bottom of the page to get started.