We Handle the Full Range of Premises Liability Claims in South Florida
Property owners have a lot of responsibility for the condition of their premises, especially when the conditions may impact the safety of others. When a property owner allows others to enter their property, whether on a personal level, commercial capacity, in a government facility, or in a public space, the party responsible for the upkeep must ensure that all hazards and safety issues are addressed before a visitor arrives. This means keeping walkways clear of debris, repairing issues like broken handrails or loose carpeting, fixing leaky pipes to avoid wet floors, and much more. Failure to do so may lead to an avoidable accident.
At Bernheim Kelley Battista, LLC, our Fort Lauderdale premises liability attorneys have the professional expertise that you can rely on. With the experience needed to handle the full range of premises liability claims, we are here to protect your rights every step of the way. If you or your loved one was injured on another person’s property, we are more than ready to help. Contact a premises liability lawyer in Fort Lauderdale today to set up a free, no-obligation initial consultation with a top-rated Florida premises liability attorney.
"*" indicates required fields
What is Premises Liability?
Premises liability is the legal concept that a property owner is liable for any injuries that take place on their property that were caused by unsafe conditions or hazards. Ignorance of the hazard is often not an acceptable excuse for the property owner since they are expected to be aware of all of the conditions on their property and act accordingly to ensure that each visit is safe and injury-free.
Your attorney will need to prove that the owner either knew about the hazard and failed to act or should have known about it but failed to recognize it. Once this failure has been established, your attorney will set out to calculate the damages you have suffered as a result of your accident. Damages, in terms of a personal injury case, are any measurable impacts from an accident and may or may not be financial in nature.
What to Do After a Premises Liability Accident in Florida Lauderdale
The following are general guidelines for how to handle a premises liability accident, but since no two accidents are alike, your process may differ. The most important thing to remember is that your health is your #1 priority and that if any of these steps interfere with that priority, then you should adjust accordingly.
- Get Medical Attention: After calling 911, the dispatcher will send EMTs to the scene of the accident who can examine your injuries, provide emergency care, and suggest the appropriate next steps for you. If they recommend an ambulance, it is likely in your best interest to accept the ride. However, if you leave the scene of the accident on your own, you must schedule an appointment with a doctor as soon as possible — both to get treatment for your injuries and to document the injuries in an official capacity.
- Alert The Management or Owner: Alert the owner or management of your accident so they can initiate their own accident protocol, which will likely involve writing their own accident report and taking statements from everyone involved. At this point, the owner may offer you a direct payment after signing a statement relieving them of any legal liability, but it is essential that you do not sign ANYTHING, accept any payment, or make any statements that may relieve the owner of their responsibility.
- Document the Accident: Take pictures or videos of the scene. If possible, provide narration over the video that will remind you of the events that led up to the accident, which will be helpful for both you and your attorney as you are working to reconstruct the accident in the coming days, weeks, and months. Your memory can begin to fade quickly, so this step is very helpful if you can do so.
- Call a Lawyer: Once you have gotten your immediate medical issues addressed, contact an attorney who can start building a strong case for you from the start. Every interaction you have with the insurance company will be handled with the goal of leveraging as many legal technicalities as possible to either reduce their client’s liability or diminish the impacts of your damages, both with the goal of saving as much money as possible. When an attorney is representing your case, these tricks will not work.
Types of Premises Liability Claims in Florida
Premises liability is a legal term used to describe the responsibility of property owners to ensure that their property is safe for visitors. In Florida, there are several different types of premises liability claims that can be made. Some of the most notable examples include:
- Inadequate Maintenance: Businesses and property owners in Florida must ensure that their premises are well-maintained, with safety hazards addressed and removed.
- Slip and Fall Accidents: These types of accidents occur when a person slips, trips, or falls on a property due to a hazardous condition, such as a wet floor or uneven pavement.
- Negligent Security: This type of claim arises when a property owner fails to provide adequate security measures, resulting in an injury or crime.
- Swimming Pool Accidents: Property owners have a responsibility to ensure that their swimming pools are safe and adequately maintained and can be liable for injuries that occur as a result of inadequate maintenance or lack of safety features.
- Elevator and Escalator Accidents: Property owners are responsible for maintaining and properly operating elevators and escalators and can be liable for injuries that occur as a result of a malfunction or lack of maintenance.
- Fire/Smoke Incidents: Property owners have a responsibility to ensure that their buildings are equipped with working fire alarms and sprinkler systems and can be liable for injuries that occur as a result of a fire or smoke.
- Dog Bite Injuries: Property owners can be held liable for injuries caused by their dogs if the dog has a history of aggressive behavior or if the property owner was aware of the dog’s aggressive tendencies.
Common Injuries in a Premises Liability Case in Florida
An accident that occurs at a business can result in very serious injuries. Whether it is a slip and fall, a dog bite, or a third-party criminal attack (negligent security), injured victims need immediate medical attention. Some of the most common injuries reported in premises liability cases include:
- Traumatic brain injuries (TBIs);
- Spinal cord injuries;
- Fractures and broken bones;
- Lacerations and puncture wounds;
- Burns injuries;
- Soft tissue injuries (such as sprains and strains);
- Psychological trauma/ emotional distress; and
- Wrongful death.
What Do I have to Prove to Recover Financial Compensation?
It can be overwhelming to understand how to move forward with a premises liability claim after an injury on someone else’s property, especially if the owner is pressuring you to accept direct payment in exchange for a waiver against any future legal action. Equally frustrating is the process of filing a claim against their property insurance since an insurance company’s primary goal is to settle your claim for as little as possible, as quickly as possible. You deserve to work with someone who is paying specific attention to your needs, and during our free consultation, we will be able to go through the specific details of your situation and give you a clear understanding of how we can provide you with the necessary support for a successful case. Our Fort Lauderdale premises liability attorneys will help you maximize your financial compensation, including for:
- Emergency medical treatment;
- Hospital bills and other health care expenses;
- Physical therapy and ongoing care;
- Loss of current and future wages;
- Pain and suffering and mental anguish;
- Long-term disability or disfigurement; and
- Wrongful death of a family member.
What is a Negligent Security Claim?
A negligent security claim is a type of premises liability claim through which a business or property owner can be held legally liable for a third-party criminal attack that happened on their premises. To establish liability in this type of case, a plaintiff must prove that the security measures taken by the defendant were inadequate.
Who is Responsible for a Premises Liability Incident (Who Can Be Sued?)
It depends on the circumstances. Premises liability claims are handled on a case-by-case basis. Parties that may potentially be responsible for your injuries include:
- Businesses;
- Property owners;
- Property managers;
- Security companies;
- Maintenance companies; and
- Manufacturers of defective equipment on the property.
What Dangerous Conditions Contribute to Accidents (Fort Lauderdale)
A wide range of different safety hazards can contribute to accidents on property. Some examples of dangerous conditions that can contribute to accidents in Fort Lauderdale include:
- Wet or slippery surfaces, such as spillages or inadequate cleaning;
- Uneven or poorly maintained walkways and floors;
- Poorly lit areas;
- Loose carpeting or flooring;
- Staircases with missing or broken handrails;
- Elevator and escalator malfunctions;
- Inadequate security measures, such as lack of surveillance cameras or security personnel;
- Dangerous or defective equipment, such as malfunctioning elevators or escalators;
- Poorly maintained swimming pools, lack of fencing or proper signs; and
- Hazardous materials, such as lead paint or mold.
Know the Evidence You Need in a Premises Liability Case
To bring a successful premises liability claim in Florida, you will need to prove that the defendant—business or property owner—failed to take proper safety precautions and that their actions/inactions contributed to your accident. Evidence is key. It is crucial that your accident is thoroughly investigated. A wide array of different types of evidence can be used to support your claim, including:
- Photographs;
- Witness statements;
- Your testimony;
- Property records; and
- Much more.
Statute Limitations for Premises Liability in Florida
You have a limited amount of time to bring a premises liability lawsuit in Fort Lauderdale. Under Florida law (Florida Statutes § 95.11), the statute of limitations for a premises liability claim is four years. Do not miss out on your opportunity to pursue justice.
How Much Does a Personal Injury Lawyer in Fort Lauderdale Cost?
We handle premises liability claims on contingency. You can always afford our top-rated Fort Lauderdale premises liability attorney. There are no upfront costs or out-of-pocket expenses. We only get paid when you get paid.
– you are in good hands!
How Can BK Law Firm Help in a Premises Liability Case?
Navigating Florida’s premises liability laws is never easy. Fortunately, the team at Bernheim Kelley Battista, LLC, is here to help. We offer a free consultation for victims of all types of personal injuries, including premises liability issues stemming from improper maintenance and upkeep. Like any personal injury, navigating this complex legal landscape can be overwhelming for someone without legal experience, even if they are perfectly healthy, let alone while they are suffering from their injuries and trying to focus on their recovery. We are ready to work proactively to protect your rights and interests. Among other things, our Fort Lauderdale premises liability lawyers will:
- Listen to your story and answer your legal questions during a free initial consultation;
- Investigate the accident—gathering the evidence to establish a premises liability claim;
- Handle insurance paperwork and represent you in settlement negotiations; and
- Craft a personalized strategy devoted to helping you maximize your financial recovery.
Schedule a Free Consultation With a Fort Lauderdale Premises Liability Attorney Today
At Bernheim Kelley Battista, LLC, our Fort Lauderdale premises liability lawyers fight aggressively to help injured victims get justice and fair financial compensation. We handle all types of premises liability claims. Give us a phone call now or contact us online for a free consultation with a top-rated premises liability lawyer. From our office in Fort Lauderdale, we handle premises liability claims in Broward County and throughout the surrounding region in South Florida.