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Premises Liability

What Should I Do if I Get into an Accident on Someone Else’s Premises?

Premises Liability Attorney in Brandon, Florida

Being involved in an accident is the worst thing that can happen to you. Suppose you were involved in an accident on someone else’s property. In that scenario, you should consult with an experienced personal injury attorney since you may have been involved in an accident caused by someone else’s negligence.

Property owners have a legal obligation to exercise care and caution on their properties. This means that the owner must keep their property safe and free of hazards. If they fail to do so, an accident may occur, and they may be held accountable. If you had been hurt in such an accident, consult a premises liability attorney to know how you can be compensated for your injuries. A competent local attorney well-versed in premises liability law and have experience in premises liability cases is your ally in pursuing compensation for a liability injury or product liability claim.

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What is premises liability?

When we talk about premises liability accidents, we are referring to incidents that resulted in injury to a person, either inside or outside of a  building, as a result of the owner’s negligent behavior or act.

In general, negligence is defined as a failure by an individual, group, or institution to provide the minimum degree of care required by law.

There are a lot of hazardous situations where an individual can get injured, such as lousy stair design, sloppy construction or substandard building materials, inadequate maintenance, or unsafe clutter. Oftentimes, such carelessness can result in a minor or fatal injury (wrongful death), such as slipping and falling, tripping on a wire or unclean environment, animal or dog bites, and so on.

When Do I File a Premises Liability Claim in Florida?

In personal injury cases, we have what we call a statute of limitation. This simply means that you may only file a personal injury case within a certain time frame or on a specified day.

It should be noted that the statute of limitations varies by state, but if you live in Florida, you must file your personal injury case within four years of the date of your accident. If you do not do so, you may lose your right to launch a lawsuit against the individual who harmed you.

Types of premises liability accidents

There are several injuries or accidents that could happen on someone else’s premises that may cause harm to you or other people. The following are the most common:

  • Injuries caused by animals (e.g., dog bites)
  • Slip and fall accidents
  • Swimming pool accidents or injury
  • Inadequate or negligent security
  • Inadequate maintenance of property (e.g., untucked and faulty wires, slippery floors)

Where do these accidents take place?

The three most prevalent locations where these types of injuries occur are as follows:

  • Commercial or business premises

This usually relates to the location of the company, such as a mall, store, or office. If an accident occurs on this sort of property, you must immediately tell the person in charge.

  • Personal or private properties 

This may be your house, whether you own it or rent it. In a rented flat, at least two persons may be held liable: the tenant (who is responsible for the moveable items inside the property) and the landlord (responsible for the immovable things inside).

  • Public or government-owned properties

Public parks, highways, streets, walkways, government buildings, and even public transit may fall under this category. As the government, they have the responsibility to ensure that public spaces are safe for the public.

Who is legally responsible?

In a premises liability case, someone will always be held accountable for the injury you sustained. It might be the owner, a guest, or both. 

The owner has the legal obligation to keep their property safe (Duty of care)

The law requires all property owners, whether residential or commercial, to ensure that their premises are free of any harm or hazards. They should take reasonable precautions to keep the place and visitors safe.

The reasoning for such a law is that the owner or occupant has control over whether their premises are safe or not.

For some cases, like the workers who got injured in their workplace, there is a different compensation claim for them.

Nonetheless, some states follow an old regulation that limits the landowner’s responsibilities based on the visitor’s status. The following are the three types of visitors: 

  • Invitees – These are those who have received an express or implied invitation from the owner for their own purposes, such as transacting a business. A great example of this is salesmen, plumbers, or customers.

It should be remembered that property owners owe invitees the utmost care. They must ensure that the property is safe and must provide notice of any harmful conditions or repair it. They must also inspect their premises on a regular basis for any potentially harmful circumstances.

  • Licensee – Visitors who have been invited or have implicit permission from the owner to enter their property are referred to as “invited guests.” Traditionally, the owner of the property has a legal duty to make sure that the licensee is safe or free from any harm within their premises. Most of the time, the licensee includes social guests like the people that the owner is close to, like their family or relatives, close friends, or even the neighbors.
  • Trespasser – Essentially, they are those who have not been invited or permitted by the owner to enter the property. When this type of person enters the property, the owner has no obligation to these individuals unless the trespasser is a minor.

The classifications described above are complicated and may change depending on which state you come from. If you have questions regarding a prospective premises liability lawsuit, it might be more practical to seek advice from a local premises liability lawyer. So if you live in Brandon, Florida, you may seek the assistance of our competent premises liability lawyer specializing in these types of situations.

Visitor’s Duty to Use Property Normally

Yes, you read that correctly. Visitors may potentially be held legally responsible for their own harm. You must remember that as a visitor, you must behave normally within the private or commercial property’s premises.

The property owner will not be held liable if the visitor acts in an unexpected, illegal, or dangerously reckless manner. 

Let us offer an example to better grasp this. Suppose you and your friends are in a club. Now, on your way to the second floor of the club, you and your friends were acting recklessly on the stairs. One of your friends swings himself down the stairs on the railing, and the handrail abruptly breaks, injuring him. Now, who is liable? Who is now held accountable? The individual who swings himself down using the railing is the answer. It should be emphasized that the handrail is not a piece of gymnastics equipment, and vaulting on it is not a common practice. As a result, in this scenario, the visitor is held accountable and is not eligible to file for a premises liability claim.

What should I do if I get into an accident on someone else’s property?

When you are involved in an accident, you will most likely be in shock as a result of the event. You will not consider who is to blame, nor will you document the entire happening. However, you must execute particular measures or acts to benefit from your premises liability claim.

Notify the property owner.

Some victims of premises liability incidents may not report the incident to the owner or manager. This may be due to the embarrassment of the situation they are in. However, it is critical that you disclose the accident so that the owner or person in charge is aware that you have been injured within their premises. 

This will aid your case later on in proving that you were injured on their property or premises.

Take evidence as much as possible.

If you want to build a strong premises liability case, you must have evidence that shows you were injured within a specific property. 

Suppose you want to prove that you are indeed injured. In that case, you must seek medical treatment right away since a doctor’s diagnosis is required to confirm that you have been injured as a result of your premises liability accident. You may also take pictures of your injuries or the property where you were injured.

Get help from a premises liability attorney right away!

People often underestimate the need for a personal injury lawyer.  However, they are essential to your personal injury claim.

As premises liability attorneys, they are knowledgeable about injury law and the system that governs personal injury litigation or claim. They can assist you in determining the cause of your injury as well as the appropriate compensation you should get from your premises liability case.

Lastly, they can help you establish that the property owner knew the hazardous or faulty condition or was so obvious that they should have been aware of it. This is critical because the court will take it into account.

Get a FREE Consultation

Contact us today to schudule your free initial consultation

or Call Us Today! (813) 413-8700

Start your recovery process with us!

You don’t have to be alone in your fight for your personal injury claim. We know that the process can be physically and emotionally draining, which is why we are here offering our skills and knowledge.

Golden Injury Attorneys has always been dedicated to zealously advocating for our clients. We believe that victims of such incidents deserve the proper legal representation and aid that they should have. Connect now with our premises liability lawyer so that we can start the process of claiming the fair compensation that you deserve. Our law firm in Brandon also handles wrongful death, catastrophic injury brought about by a car accident, a truck accident, or even nursing home abuse, to name a few. Call our law office now for responsive service, 24/7. 

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