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Premises Liability

In Florida, homeowners and businesses have a duty to make sure their property is reasonably safe and warn visitors of dangerous conditions that may exist. Premises liability, like all other laws, is based on the concept that when individuals act without regard to their duty of care, the victim of a personal injury caused by that negligence should be compensated appropriately.

The Coye Law Firm is dedicated to providing experienced legal representation to the central Florida area. Our personal injury lawyers can examine all avenues of compensation and liability in your case.

Common Causes of Injury

Every day, people are injured while on another person’s property. This can include injuries that occur in someone’s home, on a walkway, in a parking lot, or at a place of business such as a grocery store, department store, restaurant, amusement park, sports stadium, bar, nightclub, fitness center, or hotel. Often, people have the mistaken impression that wherever they suffer serious injury, they may have a claim against the person who owns that property. However, unless the property has been negligently maintained, under Florida tort law, a property owner may not be liable. However, injuries resulting from poorly-maintained properties are common and can involve:
  • Slip and fall accidents
  • Being hit by falling merchandise
  • Unsafe amusement park rides
  • Assault at a place of business due to negligent security
  • Poor parking lot or sidewalk maintenance
  • Unsafe stairways
  • Unsafe handrails
  • Accidents at construction sites
  • Injuries occurring in or around swimming pools, which can include spinal cord injuries, brain damage, or drowning
  • Dog bites or animal attacks
The most common types of premises liability cases include slip and fall or trip and fall cases. These typically occur as a result of a wet floor orother foreign substance on the floor, uneven surfaces or cracks in thefloor, inadequate lighting, or items left in an aisle or walkway.

If you are injured on another’s property or at a place of business, it is important that you notify the owner, person responsible for the property, or a manager on duty right away. If possible, you should get pictures of what caused your injury and pictures of the surrounding area. You should also get the name, address, and phone number of anyone who witnessed your injury.

Florida Premises Liability Law

If you suffered an injury, it is vital that you seek medical attention for your injuries immediately. It is important to receive medical attention and care for you injuries while your case is pending. If the property owner is found liable for your injuries, he or she will be responsible for reimbursing any medical expenses paid by you and/or your insurance company.

In Florida, an owner or person in possession of the property on which the injury occurred may be held legally responsible for the injury. Some possible claims against the owner or person in possession include the following:
  • Negligence in maintaining the property
  • Inadequate or negligent security
  • Failure to warn of a dangerous condition
  • Wrongful death for a death occurring on another’s property or place of business
  • Strict liability for dog bites/animal attacks occurring in a public place or when the victim is lawfully on the private property where it occurs
  • Workers’ compensation claims for injuries occurring on the job
  • Social Security disability claims for disabling injuries
  • Spouse’s Loss of Consortium Claim
    • In certain circumstance, if a spouse is seriously injured, the otherspouse may be able to bring a Loss of Consortium claim for loss of normal marital relations
  • Parent’s Filial Consortium Claim
    • In certain circumstances, if a child is seriously injured, the parent may be able to bring a Filial Consortium Claim for loss of the child’s companionship, love, affection, and society in the past and the future
To succeed on a premises liability claim, it must be shown that:
  • The property was in a dangerous or defective condition
  • The owner or person in possession of the property knew or should have known about the dangerous or defective condition
  • The owner or person in possession of the property had time to repair the condition or warn of the condition but did not do either
  • The dangerous or defective condition on the property caused the injury
A person who is injured may be entitled to compensation for medical expenses, lost wages, and pain and suffering. If the injury occurred on the job, the person may be entitled to workers’ compensation, and if the injury is disabling, the person may be entitled to social security disability. If you were injured while on another’s property or at a place of business, it is important that you contact a premises liability lawyer to determine if you have a case against the property owner.

At the Coye Law Firm, our premises liability attorneys have experience in handling premises liability cases, and are knowledgeable in Florida premises liability laws. Our attorneys can evaluate your situation, determine if you have a claim, and protect your rights to compensation for your injuries. If you have been injured on another’s property, call the Coye Law Firm to determine if you have a case. The Coye Law Firm has offices in Orlando, Clermont, Kissimmee and Melbourne, and can handle premises liability cases from around the state of Florida. Call today.