What Types Of Crashes Do Premises Liability Claims Include?
Anytime someone is injured on a premises, they may have a potential claim against the premises owner or occupier.
Is Comparative Or Contributory Negligence Applicable In Premises Liability Cases In Florida?
Florida is a comparative negligence state and any time a person brings a case for any type of negligence, if they did something improper, then they are also potentially comparatively negligent. The jury is able to assess the negligence of the plaintiff against the negligence of the defendant, and that reduces the ultimate amount that the plaintiff would be able to recover.
What Components Constitute A Viable Premises Liability Claim?
In my practice, I look for significant injury to signify a viable claim. Significant injury doesn’t mean an amputation or an injury requiring an operation. If the person has verifiable and chronic pain, then that’s a potentially significant injury. It all comes down to whom the jury will believe. Two people could have the same physical injury and one person may be able to obtain a million dollars and the other only fifty thousand. It depends upon how the injury affects the person’s career and their enjoyment of life. The jury gets to decide the value. I take each case assuming that it will go before a jury and that determines the value of a settlement. No lawyer has a “crystal ball’ and we use our knowledge and skill and past experience in evaluating any claim.
What Are The Duties Of A Property Owner In Florida?
A property owner in Florida has a duty to provide a safe environment, free from hazards to all people on the premises.
What Steps Should I Take If I Have Been Injured On Someone Else’s Property and Suspect I Will Need To File a Premises Liability Claim?
The first thing you should do, if you are injured on another person’s property, is go to a doctor or emergency room. If possible, take cell phone photos at the scene of the dangerous condition or ask someone to do so. Start getting treatment for the injury suffered because if you think it’s going to go away and it doesn’t, it’s going to sound suspicious later that you waited to seek medical attention. At that point, you should also call a personal injury lawyer and see if you have a viable personal injury claim worth pursuing.
For more information on Premises Liability Claims In Florida, a no obligation consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 251-1000 today.