Gainesville Premises Liability Lawyer
When you’re injured on someone else’s property, you could face months or years of recovery and piles of bills. Dog bites, injuries due to negligent security, elevator accidents, and many other incidents can leave you injured and out of work. If you’ve suffered an injury on someone else’s property in Gainesville and it wasn’t your fault, talk with our premises liability lawyers about your legal options for compensation.
A premises liability lawyer can help you stand up for your rights, and help you find the compensation you deserve after an accident. After an accident, we’ll listen to you, advise you about your options for recovery, and fight for the compensation you deserve.
At Fine, Farkash & Parlapiano, P.A., our experienced Florida premises liability lawyers are here to help. With over 100 years of combined legal experience, our lawyers know what it takes to fight for the justice and compensation that you need. When it’s time to pursue a claim for your recovery, call us or use our online contact form for a free initial consultation.
Examples of Premises Liability Cases in Florida
At Fine, Farkash & Parlapiano, P.A., our experienced attorneys can handle nearly any type of premises liability case. Some of the common types of premises liability claims we handle include:
Negligent security. Business owners and property managers are required to keep their guests safe. That means that they need to provide adequate security for those on their property. When they don’t, people can end up getting hurt. Our firm has extensive experience successfully handling these types of complex claims.
Dog bites. In Florida, dog owners are held responsible for the harm their dogs cause. Dog bites can lead to infections, disfigurement, and many other serious injuries. If you were bitten by someone else’s dog, you may be entitled to compensation.
Slip-and-fall accidents. Injuries from slip, trip, or fall accidents in stores or on other properties can result in head injuries, broken bones, and many other injuries that cause lasting pain. Many slips and falls are preventable. When a property owner fails to maintain their floors, correct problems, or provide the lighting you need, you may end up hurt.
Elevator accidents. Elevators are powerful machines that can easily harm you. The doors may close unexpectedly, leading to serious injury; the elevator may unexpectedly stop moving, throwing you off balance; or the elevator may not stop at the right point, causing a tripping hazard when you enter or exit.
Landlord liability. Landlords may be held liable when they fail to maintain their property. Those who lease the property and their guests may be able to recover compensation when they’re injured due to a landlord’s negligence.
Amusement park accidents. Amusement parks can be a lot of fun, but thrill rides can be dangerous. Poor design, faults in construction, or insufficient maintenance can lead to extremely dangerous conditions.
Swimming pool accidents. If improperly maintained or inadequately secured, a swimming pool can quickly become a danger zone. Whether due to poor water quality, defective equipment, or lack of safety barriers, accidents and drownings can occur, holding the property owner liable.
Safety code violations. Safety codes exist to keep people safe. When buildings don’t meet safety codes, they may be putting your health and your life on the line.
Duty of Care
In personal injury law, duty of care refers to the responsibility an individual or entity has to protect the safety and well-being of others. Both businesses and homeowners are expected to maintain their properties to ensure they are free from potential hazards that could lead to injury.
Under Florida law, the specific responsibility a property owner has depends on the type of visitor. Visitors are classified into three primary categories:
Trespassers: These are individuals who access the property without legal right or the owner’s permission. Generally, property owners are not held accountable for harm suffered by unauthorized entrants.
Licensees: Licensees are guests who visit a property for personal reasons with the owner’s knowledge. These individuals can include friends, acquaintances, or neighbors. If the owner is aware of a danger on their property and fails to alert the licensee, they could be liable for injuries resulting from the dangerous condition.
Invitees: These are individuals, such as shoppers or diners, who are on the premises for mutual benefit or to conduct business. Businesses are legally required to maintain a safe environment for invitees and actively prevent potential injuries.
What You Have to Prove in a Florida Premises Liability Claim
Every premises liability claim has unique challenges and unique questions. As part of a premises liability claim, you’ll need to prove that the property owner was negligent through the following:
Your relationship with the responsible party.
Your status on the property, whether as a guest, invitee, or trespasser, plays a major role in your case. This relationship defines the duty the property owner owes you. Typically, invitees are owed the highest level of care, while trespassers are owed the least. At the start of your claim, your lawyer can determine what your relationship was with the responsible party.
The responsible party owed you a duty.
After you’ve established your relationship with the responsible party, a personal injury lawyer can advise you on what duties the property owner owes you. For example, store owners must maintain a safe environment for customers, addressing hazards, and ensuring adequate security.
They neglected their duty.
A property owner neglects their duty when they fail to keep you reasonably safe. For example, if an injury on store property occurs due to a slippery floor, and the property owner doesn’t warn you about the situation, they may be neglecting their duties to you. The owner or manager of the property is responsible for correcting the problem and warning guests.
Their negligence caused your injuries.
As part of your claim, you’ll need to show a connection between the property owner’s breach of duty and your injuries. Evidence such as medical records, testimonies, or video footage can help establish this. If you were partially responsible for your injuries, then your claim may be reduced.
Your injuries caused you harm.
Not every accident results in injury or harm. As part of your claim, you’ll need to prove just how your injuries have impacted your life. Medical records, medical bills, records of lost wages, and many other documents may be used to show how your injuries have harmed you.
How Long Do You Have to File a Premises Liability Lawsuit in Florida?
In Florida, the statute of limitations for premises liability claims is two years. This means you have two years from the date of the incident to file a lawsuit. If the incident resulted in a death, a representative of the deceased’s estate must file a wrongful death claim within two years from the date of death.
Due to these time constraints, it is imperative that you start your claim as soon as you can after you’re injured on another’s property. Not only does Florida strictly enforce these deadlines, but waiting can make gathering evidence challenging. Over time, witnesses may become unavailable and evidence might be lost.
If you’ve sustained an injury on someone else’s property, contact an attorney as soon as possible to discuss filing a premises liability claim. Our experienced lawyers know what a claim needs, and when they’re involved, they’ll work quickly to secure your rights and your claim.
Compensation Available for Premises Liability Claim
In Florida, there may be many different types of compensation available to you when you’re injured. A premises liability claim may include compensation for your:
Medical Expenses. Accidents can lead to serious injuries that require expensive care. Even after you go home, you may face more medical bills if your injuries require physical therapy and treatment in the future. A premises liability claim may include the cost of any medical treatment you received for your injuries and the cost of any future treatment that your injuries may need.
Lost Wages and Earning Potential. Serious injuries may keep you away from work temporarily or permanently. A premises liability claim can compensate you for the income and wages that you lost due to an accident. Lost earning potential, lost opportunities, and other lost future earnings may be included with your claim.
Pain and suffering. Pain and suffering can prevent you from doing the things you love, disrupt your sleep, and even disrupt your life. After an injury, you may be entitled to compensation for the physical and mental pain that you suffer as a result.
Property that was damaged or destroyed in an accident. Accidents may damage personal belongings like clothing, jewelry, or phones. A premises liability claim may include the cost of any property that you lost during an accident.
Punitive damages may be available in some cases. In cases where the responsible party acted willfully or recklessly, you might be entitled to punitive damages. It’s essential to consult with a premises liability lawyer to determine whether these damages may be available in your case.
When Life Changes, Our Premises Liability Lawyers Are There for You
At Fine, Farkash & Parlapiano, P.A., our premises liability attorneys have years of experience helping those injured on others’ property. We’ll work with investigators, authorities, and insurers to build a claim for the compensation that you need.
We’re proud to help injury victims throughout Gainesville, Alachua County, and the entire state of Florida.
If you’ve been injured and you have questions, get the help you need by calling us or using our online contact form today.