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Boca Raton Premises Liability Attorney
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Boca Raton Premises Liability Injury Attorneys
Business and property owners have a duty to maintain safe premises free of hazards and dangers that could potentially injury visitors. When they fail to uphold this duty and legal visitors are injured, the property owner may be liable and required to pay appropriate compensation for the injured person’s medical bills, lost wages and pain and suffering.
The Boca Raton personal injury attorneys at Kanner & Pintaluga have extensive experience representing injured people with premises liability claims, from slip and falls and negligent security to dog bites and falling objects. If you’ve suffered any type of serious injury on someone else’s property, our attorneys are ready to assist.
What Do You Need to Prove in a Premises Liability Claim
The basic facts a plaintiff needs to prove in any type of personal injury claim are:
- 1. You were owed a duty of care: The defendant (property owner or business) had a duty to maintain the property safely.
- 2. Someone breached their duty: The defendant failed to uphold this duty of care by leaving their property in a state of disrepair or failing to fix or clean up a hazard.
- 3. The breach of duty directly caused your injury: A direct line of causation can be drawn between the property owner’s breach of duty and the injuries you suffered on the property.
- 4. You suffered actual damages: Your medical costs, lost wages and emotional pain and suffering from the injury are significant enough to justify filing a personal injury claim.
Proving a breach of duty can be slightly more complicated in premises liability cases due to what is and isn’t considered reasonable on behalf of the property owner or business. Essentially, you and your legal team need to establish that the property owner should have been aware of the hazard and had adequate time to fix it prior to your injury.
There are scenarios in which it may be difficult to establish the hazard was or should have been apparent and that there was adequate time between when the hazard was discovered and when your injury occurred for it to have been fixed. Evidence is particularly important in these cases, as things like videos or photographic evidence of the hazard can help establish its age and visibility.
Common Types of Premises Liability Incidents
Various incidents fall under the umbrella of premises liability, including:
- Slip and fall accidents: These often occur due to wet floors, uneven surfaces or poor lighting.
- Negligent security: When insufficient security measures result in a person becoming a victim of a crime on the property.
- Swimming pool accidents: Property owners are required to properly secure pools to prevent accidents, especially involving children.
- Dog bites: Dog owners can be held liable for injuries caused by their pets.
- Elevator and escalator accidents: Faulty elevator and escalator maintenance or breakdowns due to inadequate upkeep can lead to severe injuries.
Injuries resulting from these incidents can range from minor cuts and bruises to serious fractures, spinal cord injuries, traumatic brain injuries and even wrongful death.
Defenses in Premises Liability Cases
Property owners often use various defenses in premises liability cases:
- Comparative Negligence: They may claim your own carelessness or inattentiveness contributed to your injury, such as by ignoring warning signs.
- Trespassing: If you were not lawfully on the property, the owner might not be liable, except in cases involving child trespassers where attractive nuisances are involved.
- Lack of evidence: If there’s no report of your injury filed with the property owner when it occurred, medical records or video or photographic evidence that you were on the property, it can be difficult to establish liability.
An experienced personal injury attorney can help investigate your situation and develop a case that counters the common defenses used by property owners and insurance companies.
Steps After Being Injured on Someone's Property
- 1. Seek medical help: Your health is paramount. Also, medical records serve as crucial evidence of your injuries.
- 2. Report the incident: Inform the property owner or manager. Request a copy of the written report to ensure there’s a paper trail confirming the incident occurred when and where you claim it did.
- 3. Document the scene: If possible, take photographs of the accident scene and any conditions that contributed to your injury.
- 4. Gather witness information: If anyone saw the accident, their account of what happened could be essential to your claim.
- 5. Consult with a personal injury lawyer: An attorney can guide you through the complex legal process and advocate for your rights.
How a Personal Injury Lawyer Can Help
A personal injury lawyer can be a significant asset when you’ve suffered a premises liability injury. They can:
- Identify all liable parties: This could be the property owner, a tenant or a company responsible for maintenance of the property. In some situations, more than one party could share fault for your injuries.
- Collect and analyze evidence: This includes photos, surveillance video, accident reports and medical records.
- Negotiate with insurance companies: Insurers often try to minimize payouts, especially when they’re dealing with claim filers who aren’t familiar with the negotiation process. A lawyer can fight for fair compensation.
- Advocate for you in court: If a fair settlement can't be reached, a personal injury attorney will represent your interests at trial.
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Boca Raton Location
Boca Raton
925 South Federal Highway, 6th Floor
Boca Raton, FL 33432
(800) 586-5555
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Don’t Face the Insurance Company on Your Own
Navigating a premises liability claim in Boca Raton can be daunting, but you don't have to do it alone. If you've been injured on someone else's property due to unsafe conditions or hazards, our experienced Florida premises liability attorneys are ready to help. We’ll fight for the justice and compensation you’re owed.
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