Premises liability is the legal principle that says property owners are responsible for preventing injuries to visitors on their land. If you were on someone else’s property and got hurt, you may have a claim for compensation against the owner. That can include public areas like Matheson Hammock Park or Ingraham Park, as well as private and commercial property.
The experienced personal injury attorneys at Werner, Hoffman, Greig, & Garcia can protect your rights and ensure you obtain compensation that reflects the severity of your injuries. Reach out to our Coral Gables premises liability lawyers to better understand your legal options.
Property owners and people operating businesses are responsible for keeping the property safe for people who enter with permission. Trespassers who get injured generally have no rights of compensation against property owners. Premises liability law is complex because the legal obligations depend on your reason for entering, but an attorney in Coral Gables can explain the standards that would apply in your case.
When the property is used to operate a business or is open to the public, you are considered an invitee. The owner or operator must:
Owners and operators have a duty to warn invitees of hazards that have not yet been repaired.
When you enter property as a social guest or to conduct your own business, you are called a licensee and the property owner has less rigorous obligations. They must warn you of hazards that they know about and that would not be obvious to you. The owner has no duty to inspect for hidden dangers or make repairs.
When you get hurt on someone else’s property, you must prove they did not meet their duty to maintain safe premises. If you can, make notes about the accident, take pictures or video of the hazard, and get contact information from any witnesses. Seek a medical evaluation immediately, because a medical record generated soon after the incident can be critical evidence in your case.
Then you should contact a legal professional right away. At Werner, Hoffman, Greig & Garcia, we will investigate the accident and collect evidence of negligence against the property owner. Florida Statute § 95.11(5)(a) allows you two years to file a lawsuit, but unnecessary delay is unwise and often weakens your case.
If our Coral Gables premises liability attorneys can prove the property owner was negligent, you are entitled to compensation. The owner must pay your lost wages, incidental expenses, and medical treatment related to the injury, and you can also claim money for your pain and suffering.
Property owners do have obligations toward young children in the area who might trespass. The “attractive nuisance doctrine” requires property owners to take reasonable steps to prevent a trespassing child from gaining access to dangerous features on the property.
A swimming pool is considered an attractive nuisance, as well as tree houses, trampolines, playsets, and abandoned vehicles. Florida Statute § 823.08 also designates discarded appliances as attractive nuisances.
Florida law allows you two years from the discovery of the condition or its cause to file a lawsuit. If you were recently diagnosed with an illness, or were diagnosed earlier but did not connect the illness to the mold, you may still have time to sue. However, you cannot sue if more than seven years has passed from the last date of exposure.
You need someone in your corner when you were hurt through no fault of your own. If you were injured on someone else’s property, reach out to a Coral Gables premises liability lawyer at Werner, Hoffman, Greig, & Garcia to discuss your situation. Our attorneys have a stellar record of success holding property owners accountable for their negligence. We only get paid if you win, so contact us today.
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