Schedule a Free Case Review With a Top Jacksonville Premises Liability Attorney Today
At Bernheim Kelley, our Jacksonville premises liability lawyer is an experienced, aggressive, and results-driven advocate for injured victims. With the professional skills needed to take on the full range of premises liability cases, we have what it takes to hold negligent businesses and negligent property owners accountable. To set up a free, no-obligation consultation with a top Florida premises liability attorney, please contact us at our Jacksonville law office today.
What is the Premises Liability Law in Jacksonville?
Premises liability is an area of state law that governs the responsibility of property owners and property occupiers to ensure the safety of those who enter their premises. If someone suffers an injury due to a hazardous condition on a property, the property owner may be held liable if they were negligent in maintaining the property or failed to warn of the danger. Is Florida an at-fault or no-fault state? While Florida has a no-fault insurance system for minor and moderate motor vehicle accident claims, premises liability cases are always at-fault claims. To hold a business or property owner in Jacksonville responsible for premises liability, you must prove negligence. For this reason, all accidents on someone else’s property should be comprehensively investigated.
Steps to Take if You are Hurt on Someone Else’s Property in Jacksonville
Hurt on someone else’s property in Jacksonville? A proactive approach is an absolute must. You do not want to fall behind on the claims. Here are four key steps that you need to take:
Seek immediate medical attention for any injuries.
Document the accident—take pictures and get witness contact information.
Notify the responsible business or property owner.
Speak to a Jacksonville premises liability attorney before giving a statement to an insurer.
What Types of Cases Fall Under Premises Liability Law in Florida?
Premises liability is a relatively broad area of law in Florida. Indeed, a number of different cases could potentially give rise to a premises liability claim. At Bernheim Kelley, we take on all types of premises claims in Jacksonville. Some of the most notable examples include:
Slip and Fall Accidents: Slip and fall accidents occur when someone slips, trips, or falls as a direct result of a hazardous condition on a property. Some examples of negligently hazardous conditions include wet floors without warning signs and uneven walking surfaces. Hurt in a slip and fall? Contact our Jacksonville premises liability lawyer for help.
Improper Maintenance: Property owners have a duty to maintain their premises to a certain safety standard. Among other things, this includes repairing broken steps and filling in dangerous holes in a walkway. Hurt in an accident caused by improper maintenance? We can help. Contact our Jacksonville, FL premises liability attorneys today.
Negligent Security: Florida establishments, especially those where crime is foreseeable, like parking garages or large venues, are expected to provide adequate security. Proper security often includes ensuring there are working locks, sufficient lighting, well-trained security personnel, or surveillance cameras. If someone is injured in an assault due to inadequate security measures on a property, the owner may be deemed legally liable.
Elevator & Escalator Accidents: Elevators and escalators in Florida properties must be kept in good working order. When they malfunction and someone gets hurt as a result – whether from abrupt stops, sudden drops, or caught clothing or limbs—the property owner can be sued under premises liability.
Swimming Pool Accidents: Florida has the highest rate of residential pool ownership in the country. There are also many commercial swimming pools. Both residential and commercial pool owners are subject to premises liability laws. They are responsible for ensuring pools are safely maintained and adequately fenced to prevent unsupervised access—especially by children. Contact our Jacksonville premises liability lawyer today for a free consultation.
Dog Bites and Animal Attacks: Property owners are expected to control and restrain their pets or any animals they own. If an animal, such as a dog, attacks or injures someone on the property due to the owner’s negligence in restraining or warning others about the animal, the owner can face a premises liability claim. Other parties—including the animal owner itself if the accident did not happen on their premises—may also bear legal liability.
Most Common Injuries in Premises Liability Cases
Unsafe conditions on a property can cause serious accidents. An innocent person may sustain severe injuries. At Bernheim Kelley, our Jacksonville premises liability attorneys handle all types of cases. No matter the cause or severity of your injuries, we can help. Some of the most common injuries that are at issue in premises liability cases include:
Bruises and scrapes;
Sprained ligaments;
Cuts and lacerations;
Fractured or broken bones;
Traumatic brain injuries (TBIs);
Electrocutions;
Chemical burns;
Spinal cord damage;
Internal organ injuries;
Amputations; and
Paralysis.
Damages Available in a Premises Liability Claims
Following a serious accident at a Jacksonville business or on another person’s property in Jacksonville, it is imperative that injured victims are able to secure the full and fair financial compensation that they need to pay their bills and support their families. At Bernheim Kelley, we fight hard to help victims secure the absolute maximum financial compensation. Some of the damages that may be available in a premises liability claim in North Florida include:
Economic Damages: These are tangible losses that can be easily calculated and quantified. Economic damages include medical bills for treatments, surgeries, and medications, future medical expenses for ongoing care or rehabilitation, lost wages from missed work, future loss of earning capacity, and any other out-of-pocket expenses directly related to the injury.
Non-Economic Damages: Unlike economic damages, non-economic damages are intangible and pertain to the emotional and psychological impact of an injury. These damages can include pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement.
Punitive Damages: While economic and non-economic damages aim to compensate the victim, punitive damages are intended to penalize and deter particularly egregious or reckless behavior by the property owner. These damages are not awarded in every case—far from it. They are limited to premises liability claims in which a defendant acted in an extremely poor manner.
Examples of Dangerous Conditions that Could Support a Premises Liability Claim
As noted previously, businesses and property owners in Florida are expected to maintain their premises in a safe manner. The following are examples of hazardous situations that, if not addressed promptly, could serve as the foundation for a premises liability claim in Jacksonville:
Wet or Slippery Floors: The most common hazards, wet/slippery floors can be extremely dangerous. They are often cited in slip and fall accident claims.
Uneven or Cracked Walkways: Over time, pathways, sidewalks, or floors can deteriorate, leading to uneven surfaces or cracks. Such conditions can cause a serious tripping accident.
Faulty Staircases: Missing or loose handrails, broken steps, or inadequate lighting around staircases can be perilous and result in falls.
Inadequate Lighting: Dimly lit parking lots, hallways, or stairwells can obscure hazards and make it easy for individuals to trip, fall, or even become targets of criminal activity.
Malfunctioning Elevators or Escalators: These can suddenly jolt, stop, or malfunction, leading to potential injuries to those using them.
Exposed Wires or Electrical Hazards: Frayed electrical cords or exposed wiring can pose a risk of electrocution or fires, endangering visitors.
– you are in good hands!
What is the Statute of Limitations for a Premises Liability Claim in Florida?
You must bring a premises liability claim before the statute of limitations in Florida expires. For decades, our state had a four-year statute of limitations for premises liability claims. However, in 2023, the law changed. Under Florida law (Florida Statutes § 95.11(3)(a)), the statute of limitations for a premises liability claim is now two years. If you do not bring a premises liability lawsuit within two years of an incident, you may not be able to bring a legal claim for compensation at all. Do not wait to get started: Consult with a Jacksonville premises liability lawyer right away.
Understanding Comparative Negligence in Florida
In Florida, the concept of comparative negligence can play a significant role in premises liability claims. If an injured victim is found partly at fault for their own injury, any awarded damages can be reduced by their percentage of fault. For instance, if a person slips on an unmarked wet floor but was also running through a crowded hallway at the time of the incident, they may be deemed partially at fault for their own injuries. If they had $10,000 in damages but were deemed 40% at fault for their own slip and fall, they would only be able to recover $6,000 in compensation.
Are Property Owners Accountable to Their Customers and Guests?
Yes. Within the context of premises liability, property owners have a legal duty to ensure the safety of their customers and guests. Property owners must maintain their premises to prevent hazardous conditions and promptly address any potential dangers. Failure to do so can make them liable for injuries sustained by visitors.
Business/Property Owners Defenses to Be Prepared in a Premises Liability Case
Businesses, property owners, and their insurance companies are not on the side of injured victims and their families. No matter the situation, they want to pay out as little as possible—either by denying liability or reducing damages. You should be prepared for defenses that may be raised in a premises liability lawsuit in Jacksonville. Here is an overview:
No Actual or Constructive Knowledge: The owner might assert that they had no knowledge of the dangerous condition, making it unreasonable to expect them to have fixed it. However, in some cases, a property owner may still be legally liable on the grounds that they should have known about a safety hazard.
Trespassing: If the injured party was trespassing, the property owner’s duty of care is often reduced. In many jurisdictions, property owners are not liable for injuries to trespassers unless their actions were willful or malicious.
Assumption of Risk: In some situations, the plaintiff might have assumed the inherent risks of an activity or environment, thereby absolving the property owner of responsibility.
Comparative Negligence: The defendant may argue that the injured party was partly or wholly responsible for their injuries. If the plaintiff’s carelessness contributed to the accident, the compensation might be reduced or denied.
How the Jacksonville Premises Liability Attorneys at Bernheim Kelley Can Help
Navigating a premises liability claim is challenging. After an accident at a business or on another person’s property in North Florida, it is normal to have a lot of questions. At Bernheim Kelley, we are here as your legal resource. We are ready to take your claim as far as it needs to go to get the best results—whether that means a personal injury settlement or personal injury litigation. Among other things, our Jacksonville premises liability attorney will:
Listen to your story and answer questions about the premises liability claims process;
Investigate the accident—securing all of the evidence you need to prove fault and damages;
Handle all premises liability claims paperwork and represent you before insurers; and
Develop a personalized strategy with a drive to help you get real justice and real results.
Call Our Jacksonville Premises Liability Lawyer Today
At Bernheim Kelley, our Jacksonville premises liability attorney is standing by, ready to help you and your family get justice. If you were hurt due to negligence on someone else’s property, we are more than ready to help. Contact us today for a free case review. With an office in Jacksonville, our firm handles premises liability claims in Duval County and throughout all of North Florida.