Premises liability cases are some of the more common types of personal injury claims in Florida. Many people think that a premises liability case involves only slips and falls while, in reality, there are far more varieties of this tort. When people are injured while on the property of another person, they may automatically assume that the owner of the property is liable for their damages.
While this is true in many cases, there are strict requirements that the plaintiff must be able to meet in order for their claim to be successful. Dunedin premises liability attorneys can aggressively help individuals who have been injured on other people’s property to recover damages for their injuries. Contact a skilled liability injury lawyer today to begin your case.
Common Premises Liability Cases
Premises liability torts include much more than slips and falls. There are many other conditions which may exist on a person’s property that can lead to people becoming injured. Examples of these include:
- Poor lighting
- Faulty stairs
- Potholes in parking lots
- Improperly shelved merchandise
- Improperly installed doors
But the simple fact that these conditions existed and a person was injured is not enough for a successful claim. The case must still be examined through the lens of Florida’s premises liability statute.
Florida Laws Concerning Premises Liability
Florida Statute 768.0755 governs when a business establishment will be liable for injuries that occur on their property due to a slip and fall. It states that the plaintiff must prove that the business owner had actual or constructive knowledge of the dangerous condition and should have acted to fix it.
It may be difficult to demonstrate that the owner actually knew of a problem, so constructive knowledge may be proven by evidence that the condition occurred with regularity, such as water on the deck of a pool, or that the condition lasted for a long period of time.
That said, simply falling and becoming injured is insufficient for a claim. Rather, the owners must have had an opportunity to respond to the hazardous condition and failed to do so.
Negligence Per Se
Another route in premises liability cases in Dunedin is known as negligence per se. This is a concept of law that states that a person may be negligent through their violation of a law or ordinance.
For example, if a fire breaks out in an electronics store, the fire exit is improperly maintained, and the plaintiff suffers burns, the business owner may be negligent per se due to their failure to properly maintain fire exits.
Statute of Limitations in Premises Liability Cases
The statute of limitations is a law that gives plaintiffs only a certain amount of time to file a case in court after the injury.
Florida Statute 95.11 states that the limit is four years for all personal injury cases. Time may be of the essence in someone’s case, so they should contact a Dunedin premises liability attorney right away.
Contacting a Dunedin Premises Liability Attorney
If you have been hurt while on another person’s property, the property owner may be liable for your injuries. Whether the property was a person’s home or business, these people have a duty to protect their visitors from reasonable harm.
Dunedin premises liability lawyers will gather all of the evidence, talk to any witnesses, and deal with the insurance companies so that you can focus on your recovery.
Most cases come to a settlement before going to court. However, if the case does need to go to trial, skilled attorneys will be at your side every step of the way to fight for the fair compensation that you deserve. Time is limited to file a claim, so contact today.