Disclaimer: Roman Austin Personal Injury Lawyers does not handle premises liability cases. For assistance, we recommend contacting the Florida Bar Lawyer Referral Service at (850) 561-5600.
Were you injured on someone else’s property in New Port Richey, Florida? You may have the right to pursue compensation for your medical bills, lost wages, and suffering.
An experienced New Port Richey premises liability lawyer will help you hold the negligent property owner accountable. They’ll handle your claim in its entirety as you focus on healing from your injuries.
For assistance, contact a legal professional to discuss the specifics of your premises liability case.
How Can a New Port Richey Personal Injury Lawyer Help With My Premises Liability Claim?
If you’ve been hurt on someone else’s property in New Port Richey, FL, you probably understand that the property owner can be held responsible for your losses. However, you should never expect the property owner to simply hand over a check for the full amount.
Building a successful premises liability lawsuit requires time, resources, and experience.
If you only recover part of the compensation you deserve, you could find yourself in a difficult spot down the line. It’s important to account for all the future costs of your injury, as well as past expenses.
That’s where a New Port Richey personal injury lawyer can step in and help.
An experienced attorney will:
- Exhaustively investigate to find out how your accident happened
- Locate all surveillance footage, witnesses, and other evidence to get the proof needed to back up your injury claim
- Use the experience of experts and specialists to strengthen your claim for damages
- Stand up for you when the insurance company tries to blame you for getting hurt
- Use their legal experience to get the most compensation possible for you
Call an attorney to arrange a time to speak about your legal options. They will listen to your story and identify options for recovering the full compensation you need.
A Property Owner’s Responsibility to Guests in New Port Richey
All property owners in Florida owe a duty of care to others who are legally on the property. That duty can vary based on why you were on the property in the first place.
The law distinguishes between customers, social guests, and trespassers.
Most premises liability lawsuits are brought against a business owner. If you were hurt as a customer in a public place of business, the law classifies you as an “invitee.”
To succeed in a Florida premises liability lawsuit, you generally must prove that:
- A hazard or dangerous condition existed on the property
- The property owner knew about the danger or reasonably should have known about the danger
- The property owner failed to adequately warn about the danger, such as by putting up warning signs
- The property owner had sufficient time to either fix the hazard or provide adequate warning
- You were hurt because of the hazard and suffered damages as a result
Every case is slightly different. There can also be questions about why you were on the property in the first place. A lawyer can help you resolve any complications that might come up along the way.
A property owner’s duty of care will vary based on why you were on the property, including:
Business Invitees
Florida business owners have a duty to keep their premises reasonably safe for customers. Business owners owe invitees the highest standard of care. They’re required to maintain the indoor spaces and all parking lots, parking garages, walkways, and outdoor areas that are open to the public.
Business owners also have a duty to inspect the property to discover any hidden dangers.
Social Guests
The legal term for a social guest is a “licensee.” If you’re invited to a friend’s home for dinner, you’re classified as a licensee.
Private property owners owe a duty of care to social guests. They’re required to provide adequate warning about any hidden or non-obvious dangers on the property. Homeowners are not required to conduct inspections to locate these dangers, however. They also are not generally liable if the dangerous condition was extremely obvious.
Trespassers
Property owners aren’t responsible if a trespasser is hurt by something on the property. Property owners are only required to avoid intentionally harming the trespasser.
Children and the Attractive Nuisance Doctrine
Different rules apply if a child trespasses on someone else’s property.
Under a legal theory called the attractive nuisance doctrine, landowners can be held accountable if a child is hurt when trespassing.
In other words, if the child trespasses because of something on the property that is likely to attract children, the property owner can be held responsible for any injuries.
To establish liability in these cases, it’s generally necessary to show:
- The owner knew, or reasonably should have known, that there was something on the property that might attract children
- The owner failed to take reasonable steps to fix the danger
- The child wasn’t aware of the danger because of his or her age
One common example involves situations where a landowner failed to put a fence around a swimming pool. If a child is hurt because of it, the owner might be liable under premises liability law.
Types of Premises Liability Claims in New Port Richey, Florida
People can be hurt in all types of premises liability accidents, including:
- Slip and fall accidents
- Negligent security
- Drowning accidents in swimming pools
- Amusement park accidents
- Elevator and escalator accidents
- Accidents in apartment complexes
- Being struck by falling objects
- Construction accidents
- Exposure to toxic chemicals or hazardous materials, such as asbestos
- Assault and violence
If you were hurt on someone else’s property, call a New Port Richey personal injury attorney for assistance.
Common Premises Liability Accident Injuries
Some of the most common types of injuries that are involved in premises liability incidents include:
- Traumatic brain injuries
- Head and neck injuries
- Concussions
- Spinal cord injuries
- Back injuries
- Hip fractures
- Broken bones
- Joint injuries
- Burn injuries
- Torn ligaments and muscles
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Even a seemingly minor injury can lead to significant, life-changing consequences. Reach out to a New Port Richey premises liability attorney to discuss your injuries and the compensation you may be entitled to.
Can Florida’s Comparative Fault Rule Impact My Right to Compensation?
A modified comparative fault rule applies in the state of Florida.
This law means that an accident victim’s compensation award can be reduced to account for their share of the blame. And if your level of negligence exceeds 50%, you’re barred from recovering compensation.
For example, if you weren’t paying attention and fell over an electrical wire, the insurance company will likely try to hold you at least partly responsible. Sharing 20% of the blame will result in a 20% reduction in your awarded compensation.
If you have questions about the complex comparative fault rules, contact a lawyer to get the answers you need.
What Types of Compensation Are Available in Premises Liability Cases?
If someone else was to blame for your injuries, you shouldn’t have to handle the consequences alone. An experienced premises liability lawyer can fight to recover compensation for your:
- Medical bills
- Lost wages and income
- Future medical expenses
- Lost future earning potential
- Physical therapy
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Damages for wrongful death
Any injury can turn your life upside down. If you need help exploring your legal options, set up a free consultation with a knowledgeable attorney today.
Statute of Limitations For Florida Premises Liability Lawsuits
The statute of limitations in Florida gives most accident victims two years to file a personal injury lawsuit (with some exceptions). The clock starts to run on the date of your accident. When two years are up, you can lose your right to compensation.
However, it should be noted that Florida law used to give accident victims four years to file lawsuits. However, the law was revised on March 24, 2023, so if your accident happened after that date, you’re generally subject to the two-year deadline.
It’s also important to remember that different deadlines might apply given the facts of your case.
Call a Trusted New Port Richey Premises Liability Lawyer For a Free Consultation Today
If you were hurt on someone else’s property, call an experienced New Port Richey premises liability attorney who knows the ropes. They can greatly increase your odds of recovering everything you deserve. Contact the Florida Bar Lawyer Referral Service at (850) 561-5600 for help today.
Our Practice Areas In New Port Richey, FL
Here are some of the case types that our personal injury law firm in New Port Richey, FL can help with:
- Bicycle Accident Lawyers in New Port Richey, FL
- Boating Accident Lawyers in New Port Richey, FL
- Bus Accident Lawyers in New Port Richey, FL
- Brain Injury Lawyer in New Port Richey, FL
- Car Accident Attorneys in New Port Richey, FL
- Child Injury Attorneys in New Port Richey, FL
- Construction Accident Lawyers in New Port Richey, FL
- Cruise Ship Accident Lawyers in New Port Richey, FL
- Electric Scooter Accident Attorneys in New Port Richey, FL
- Medical Malpractice Attorney in New Port Richey, FL
- Motorcycle Accident Lawyers in New Port Richey, FL
- Pedestrian Accident Lawyers in New Port Richey, FL
- Product Liability Lawyers in New Port Richey, FL
- Slip and Fall Accident Lawyers in New Port Richey, FL
- Taxi Accident Attorneys in New Port Richey, FL
- Truck Accident Attorney in New Port Richey, FL
- Uber Accident Lawyer in New Port Richey, FL
- Workers’ Compensation Lawyers in New Port Richey, FL
- Workplace Accident Lawyer in New Port Richey, FL
- Wrongful Death Lawyers in New Port Richey, FL