If you suffered injuries on another party’s property in Lakeland, you can claim compensation. In order to assess your options, you need to understand Florida premises liability law. This will help you figure out where you stand. The best way to be sure is to consult a Lakeland personal injury lawyer. Until you decide to do that, some general information on the subject may help.
Florida Premises Liability Law and When to Contact a Lakeland Injury Attorney
The premises liability law aims to protect persons injured on another party’s property. It holds the property owner or manager liable for injuries which occurred due to their negligence. In order to obtain compensation for their losses, the victims will have to prove these aspects:
- They were present on the property with the consent of the owner or manager. Consent is implied in areas open to the public like business premises, hospitals, and pools. Trespassers or persons who incur injuries while in restricted areas cannot claim compensation.
- The property owner or manager had a duty of care (to secure the premises, warn about dangers, etc.)
- The owner breached their duty of care.
- The injuries were the result of the breach and would not have occurred otherwise.
Those who can prove all these should be able to recover any or all of the following type of losses:
- Property damage (the value of any assets lost or damaged during the event)
- Medical expenses (doctor fees, hospital bills, cost of drugs and medical procedures)
- Lost income and earning capacity (lost wages and disability-related losses)
- Pain and suffering (physical and mental suffering resulting from the injuries)
- Other losses (loss of consortium, enjoyment)
In cases involving gross negligence or intentional misconduct, punitive damages may be awarded. These cases are quite rare. They involve severe injuries and they require extensive evidence. The best way to assess whether you can claim compensation is to consult a Lakeland injury attorney. As the latter may explain, the outcome of your case will depend on several aspects.
Key Aspects of the Premises Liability Law in Florida
As mentioned above, your status on the property is very important for your personal injury case. The law defines three special categories which are:
- Trespassers – You entered the property without right and permission. In this case, the owner does not owe you anything. An exception is made in cases involving children and properties with “attractive nuisances”.
- Licensees – You entered the property with permission but for your sole pleasure or interest. In order to obtain compensation, you would have to prove willful or malicious behavior.
- Invitees – You are a guest, client, or attending a public event on the property. The property owner or manager owes you a duty of care. This duty involves maintaining the premises in a safe manner, warning you about dangers, and eliminating them.
If you slipped and fell on a store’s wet floor during business hours, you are an invitee. You can claim compensation from the store owner or their maintenance or cleaning service provider. Beware, though, as the store owner will try to dismiss your claim. They may claim that you:
- Disregarded the “wet floor” sign.
- In an area restricted to the public.
- Wearing extremely slippery shoes that would have caused the fall on any surface.
- Running or otherwise distracted and did not pay attention to where you were going.
The same principles apply to injuries which occurred on other properties. However, even small details can make a difference. To avoid mistakes and misunderstandings, you should ask a Lakeland injury attorney to review your case. They will explain how Florida premises liability law applies to your situation and guide your steps from there on.
Schedule a Consultation with a Lakeland Personal Injury Lawyer Now!
At Burnetti P.A., we have handled numerous personal injury cases falling under the premises liability law. We know property owners’ duties and practices, and how to fight any arguments they may use. Because we want to help you and teach them a lesson, we will review your case for free.
Call 1-888-287-6388 or use the online contact form to schedule a consultation. Our Lakeland personal injury lawyer will gladly answer your questions. If you let them, they will take over your case and not rest until they obtain the compensation you deserve. Either that or they do not get paid. What matters is that you have nothing to lose, but compensation to win.