Fort Lauderdale Premises Liability Attorneys
Florida lawyers assist people hurt on someone else’s property
When property owners or managers fail to address hazards that exist on their premises, visitors can sustain a variety of serious injuries. If you suffer injury on someone else’s property due to dangerous premises, do not discuss your injury with management or complete any forms or accident reports. Seek medical attention and then call the experienced Fort Lauderdale premises liability lawyers at Fazio, DiSalvo & Abers, P.A. We have more than four decades of experience dealing with these legal challenges. By working with a Board-certified trial lawyer, you’ll gain a full understanding of your rights and have an accomplished legal team on your side dedicated to helping you pursue the full compensation you deserve.
Our Fort Lauderdale premises liability lawyers handle a variety of cases
When it comes to safety, Florida law assigns significant responsibility to property owners and managers. Virtually any unsafe condition can lead to serious personal injury. Each Broward County premises liability attorney at Fazio, DiSalvo & Abers, P.A. regularly helps victims pursue justice after they are injured due to unsafe conditions such as the following:
- Slip and trip hazards include any unsafe surface areas, such as uneven sidewalks, parking lots with pot holes, loose carpeting or wet floors. These conditions commonly cause slip and fall injuries, which can result in broken bones as well as catastrophic injuries to the head or spine.
- Stairwells, escalators and elevators pose the risk of falling or other accidents caused by anything from poor lighting to a lack of preventive maintenance.
- Security issues are often the responsibility of property owners and managers, who can be held legally responsible for crimes committed on their premises. In many cases, inadequate lighting in parking lots provides criminals with hiding places to await existing store patrons. Bars can be liable for fights on their premises when they fail to remain vigilant for arguments and other situations initiated or worsened by drunk customers.
- Dog bites are the responsibility of dog owners under strict state laws. Anyone legally visiting a business or a private home has the right to pursue compensation from property owners in most dog bite cases.
- Public and private swimming pools pose major drowning or near-drowning risks. Pool owners have a strict responsibility to provide safe pools and surrounding areas, as well as the necessary supervision to ensure the safety of all invited guests. In some cases, even claims involving harm to uninvited guests might be allowed if the pool owner did not secure their property effectively with a fence or some other means.
- Electrical wiring that is faulty or not properly grounded creates a significant risk to someone who comes into contact with it.
- Failure to take safety measures such as installing sprinklers, using smoke detectors or marking emergency exits could make a bad situation much worse. Even a dead battery in a carbon monoxide detector might have deadly consequences.
- Exposure to hazardous substances is capable of causing serious or even fatal medical conditions. Our firm consults with experts to draw a link between the negligent release of materials and the illnesses suffered by clients.
Whatever specific negligence led to your injury or illness, our firm is committed to holding the negligent party or parties accountable.
Common injuries from Fort Lauderdale premises liability accidents
Premises liability claims could involve all types of medical conditions, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Disfigurement such as scars and lost limbs
- Neck and back injuries
- Illness from toxic exposure
The most serious premises liability cases relate to fatalities that result from a property owner’s negligence. Though nothing can make bereaved loved ones whole in these matters, we strive to obtain a measure of legal relief in wrongful death claims.
What to do after a premises liability accident
You have a better chance of winning a premises liability case if you gather information at the scene. Taking photos or video of the area where you were hurt could be valuable, especially if the defendant fixes the hazard shortly afterward. You should go for a medical evaluation as soon as possible. If there were witnesses at the scene, you should take down their contact information.
How our Fort Lauderdale premises liability lawyers can help
Our skilled attorneys know how to discover the key facts associated with an injury claim, including any history of similar injuries on the premises, to develop persuasive arguments for our clients. While the photos you take at the time of the accident can provide a good starting point, we build on that evidence by conducting thorough investigations, locating and interviewing witnesses and reviewing whether prior claims demonstrate that the defendant has a track record of ignoring safety hazards.
Who can file a premises liability lawsuit in Florida?
Under Florida law, the duty of care owed by property owner depends on whether the visitor was invited onto the premises. Business establishments and residents are required to take reasonable steps to prevent invitees from getting hurt and warning them of any potential hazards. Conversely, a property owner typically has no duty to an undiscovered trespasser on their property. Licensees, such as utility workers not invited but permitted to be on the premises, must be warned of any latent dangers. However, property owners are not responsible for taking the same type of safety measures to protect a licensee as they would with an invitee.
How to win a premises liability case?
The burden of proof in a premises liability case falls squarely on the injury victim. Even if they can show that the defendant owed them a duty of care, Florida law requires plaintiffs to prove the property owner or manager had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Your case might hinge on the defendant’s knowledge of the hazard or whether a reasonably prudent person would have tried to remedy the situation. To win a negligence case, you must also show that the specific failure on the defendant’s part was the proximate cause of the injury for which you are seeking damages.
Compensation from a Fort Lauderdale premises liability claim
Typically, premises liability claims are defended by insurance companies dedicated to minimizing the payout even for worthy victims. Our firm knows how to counter insurers’ tactics during settlement negotiations so that clients collect a recovery that fairly compensates them. Your payment could include reimbursement for healthcare expenses and lost income, as well as compensation that addresses your physical pain, mental anguish and the effect that your injury has had on your ability to enjoy life.
Fort Lauderdale premises liability lawyers answer to your questions
How long do you have to file a claim after a Fort Lauderdale premises liability accident?
There is a two-year statute of limitations for most Florida premises liability claims. However, there are situations were your time to file lawsuit is shorter than that, such as when a government entity is the defendant.
How long will it take to resolve a premises liability case?
Each premises liability case is different, and various factors could affect how long it takes to resolve your matter, such as the complexity of the evidence, the applicable insurance coverage, the potential amount involved and the willingness of the defendant to negotiate a reasonable settlement. In every case, we strive to secure the payment you deserve as promptly as possible.
Who is responsible in a premises liability accident?
More than one party might be responsible for an accident that gives rise to a premises liability claim. For example, the owner of a property and their cleaning service that failed to mark off a wet floor could both be defendants. In some cases, the victim could even bear some fault. However, you can still collect damages in a personal injury lawsuit even if you were partly liable for your injury as long as your share of the fault does not exceed 50 percent.
Who can be sued for premises liability?
Property owners and other parties that have some control over the location where the injury occurred can be sued in a premises liability action. Defendants could be homeowners, retail tenants, municipalities, property management companies, construction contractors or other individuals or businesses that owe a duty of care to guests.
Where do you file an accident report?
After you are hurt in an accident, you should obtain medical help and speak with one of our lawyers as soon as possible. If someone with control over the premises is at the scene of your injury, you can report what occurred to them. Do not negotiate a settlement on the spot or admit any responsibility for what happened until you’ve retained legal counsel.
Is there a cost for a premises liability lawyer?
You never have to pay upfront legal fees to our firm if you seek damages in a premises liability claim or another type of personal injury matter. We only accept payment as a percentage of the financial recovery you receive following a verdict or settlement.
Contact a Broward County premises liability attorney for a free consultation
Florida law grants legal visitors to public and private premises with specific rights to safety, but it also requires accident victims to provide extensive proof of negligence on the part of property owners and managers. Each dedicated lawyer at the firm of Fazio, DiSalvo & Abers, P.A. has the skills and experience needed to pursue compensation in these challenging cases. For a free consultation at our downtown Fort Lauderdale office, please call 954-463-0585 or contact us online today at [email protected]