An experienced Miami premises liability lawyer is a crucial asset after any injury that occurs from another’s negligence. The term “premises liability” refers to a specific type of personal injury claim that occurs, as the term suggests, when a person is injured by dangerous conditions on another person’s property. For example, Florida law requires property owners to keep their property in a reasonably safe condition. If the property is not reasonably safe and the unsafe conditions lead to an injury to a visitor, then the property owner may face a premises liability claim holding them responsible for the visitor’s injuries.
The most common type of premises liability accident is a “slip and fall” accident, or a “slip, trip, and fall” accident. This type of accident occurs when a visitor slips on unsafe flooring conditions or trips over some unsafe impediment and falls, injuring the visitor. If you’ve been involved in an accident on someone else’s property, contact an experienced Miami premises liability lawyer at Callejo Law for help. We understand every aspect of the law and give your claim the kind of personalized attention we would provide you if you were our one and only client.
Any accident on another person’s property or at a public venue or establishment falls into the premise liability category. Some of the most common examples of premises liability accidents include:
After your accident, you may want to press a claim against the owner of the property to seek compensation for your injuries. While you are within your legal rights to do so, you’ll need to demonstrate a few important facts to back up your claim and establish that the property owner is liable for your injuries.
First, you’ll need to demonstrate that the person in question actually owns the property or, at the very least, is occupying it through something like a lease. You can’t press charges against someone who doesn’t even own the land where you sustained your injury.
The next and most crucial aspect is proving that the property owner had a duty of care toward you and didn’t follow through on their legal duty. Different rules may apply to your case, depending on whether you were invited onto the property or not.
The Florida Supreme Court laid down the basis for modern premises liability in its ruling on Wood v. Camp. In the ruling, the court determined that people on a property fall into three categories. Those are:
If you fall into any of these categories, you just have one thing left to prove. You’ll need to demonstrate that you suffered an injury and that it happened due to negligence on someone’s property. Photos and medical records are excellent ways to demonstrate your injuries, so make sure to speak with a doctor immediately after your accident.
If you feel confident in your ability to prove all these aspects of the case, or if you aren’t sure if you have a reasonable shot at seeking compensation, you may want to speak with a Miami premises liability lawyer. You can discuss the case with them and see if you have a legitimate chance of getting compensation for your injuries.
In general, the settlement you get after your premises liability claim will differ from others, depending on the severity of the case. We can provide some general guidelines to give you an idea of what to expect if you have legal grounds for a claim.
The most obvious payouts come in the form of assistance with medical bills. You could win a settlement where the property owner will need to pay your hospital bills, along with the cost of rehab and future visits to the doctors. You’ll only be able to seek payments for continued medical coverage in the case of a severe injury that will pose long-term complications, such as a traumatic brain injury or spine damage.
You may also be able to add repayment for lost wages into your settlement if you had to miss work while recovering from your injury. In some cases, the defendant might have to pay you for pain and suffering and your emotional distress, though these are harder to get.
Premises liability cases are difficult to prove in the most ideal circumstances. Having an attorney on your side can give you a chance to get compensation to help with your injuries and ease the economic burden. They know how to argue for you in court and sway a jury to your side. Showcasing neglect or wanton disregard for safety isn’t easy, but a Miami attorney can give you a better shot at a fair settlement.
A: The premises liability laws in Florida state that a property owner has a duty of care to the people they invite onto the property or are legally passing by. Property owners must make anyone aware of any possible dangers or unsafe areas and fix any hazards that they reasonably know about.
A: Yes. In Florida, you will have four years to file a claim for an injury on someone’s property. There is an exception to this rule if there was a death involved. In that case, the family has two years to file a negligence claim. An experienced Miami premises liability attorney can help you file your claim within the proper timeframes.
A: You’ll need to establish a few facts if you want to win your premises liability case. You need to demonstrate that:
A: Slips and falls are by far the most common accidents we see on someone’s property that lead to a claim. Of course, there are other problems, such as the property owner having deficient maintenance of the property or any appliances on it. Some cases also result from inadequate lighting and security.
We focus solely on personal injury and workers’ comp claims and have over 25 years of experience. All clients have Ms. Callejo’s cell phone number. We offer free consultations, same-day returns of phone calls and emails, bilingual representation, and 24/7/365 availability.
We pride ourselves on our experience, accessibility, and ability to treat every client issue with compassion, respect, and laser-focused attention to every detail of your claim. The quality of service has earned us a perfect 5.0 on Google Reviews. If you’ve been injured due to a dangerous condition on someone else’s property, first seek immediate medical attention, then contact us either by email or phone, even before contacting your insurance company.
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