If a person has been injured on another owner’s property, whether it be by tripping and falling, being struck by falling merchandise or other objects, inadequate security, or other cases of negligence, the injured party may be entitled to legal compensation.
Property owners have a legal obligation to protect those on their premises from preventable harm or injury – a duty known as premises liability. Under premises liability laws in Florida, establishments including stores, restaurants, hotels, commercial buildings, and more can be held legally responsible for injuries a person sustains while on the property due to the owner’s negligence. With the help of a Tampa premises liability lawyer, those injured in such cases have the ability to obtain a fair settlement. To learn more or get started on filing your claim, consult with an injury attorney in Tampa today.
Florida Premises Liability Laws
Due to the fact that premises liability laws in Tampa differ according to how exactly the injury occurred, it is important those injured acquire the assistance of a premises liability attorney in Tampa who knows how to pursue the case at hand according to the language of Florida statutes and various case requirements. For example, under Florida Code Section 768.055, property owners can be held liable for slip-and-fall injuries sustained on the premises if the individual filing the claim can prove the business establishment had “constructive knowledge” of the dangerous condition.
This means that:
- The business should have known about the condition because it existed for such a length of time that the “exercise of ordinary care” should have sufficed to resolve it
- The condition occurred with regularity, making it a foreseeable issue
Furthermore, one of the first steps in a premises liability claim is to establish what category the plaintiff falls into – invitee, licensee, or trespasser. There are different duty of care standards and standards of liability under Florida law for those who are invited onto another’s property versus those who are trespassing.
With these things in mind, it is important to seek the counsel of a Tampa premises liability lawyer who understands the nuances of the different types of plaintiffs in these cases, and can pursue the claim and damages accordingly.
Benefits of Hiring an Attorney
As with any personal injury claim, it is important in premises liability cases that the injured person proves that a property owner acted in a negligent manner. For example, in a negligent security case, the person filing the claim must be able to prove that his or her injury, such as an assault at a nightclub, could have been prevented if building security had been adequate.
It is important that those filing a premises liability claim obtain the assistance of a premises liability attorney in Tampa who knows how to find and utilize the right evidence to prove the property owner’s negligence was the cause of injury. Recovering from injuries sustained due to a property owner’s negligence can be difficult, especially in terms of emotional and financial strain. Depending on the injuries, medical bills can be extremely costly, and the financial burden is only exacerbated if the person has to stay home from work to recover.
With the help of an attorney, bringing a claim under premises liability increases the possibility of a fair settlement, assisting not only financially, but in obtaining peace of mind as well.
Injuries suffered due to another property owner’s negligence should not be taken lightly. If injuries have been sustained on another owner’s property, an experienced Tampa premises liability lawyer can work to get the injured individual a settlement that they deserve.