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.
If you were hurt on someone else’s property in Tampa, Florida, you may be entitled to compensation. Property owners owe lawful visitors a duty to keep their premises safe. A Tampa premises liability lawyer can explain your rights under Florida law and fight for the financial recovery you deserve.
Hiring an experienced injury attorney can pay off in the long run–and you typically don’t have to pay anything upfront or out of pocket for their services. Schedule a free consultation with a legal professional to explore your options.
Why You Should Call a Personal Injury Lawyer For Help With Your Tampa Premises Liability Claim
Property owners know they can be held liable if someone gets hurt on their property. That’s why they carry insurance. Unfortunately, if you’re injured, you can’t expect the insurance company to just hand over the money you deserve. You’ll have to demand a certain amount of compensation.
But how do you know how much you deserve? The insurance company isn’t going to tell you. In fact, they’ll do whatever they can to convince you to accept less. An experienced Tampa personal injury attorney can take on adversarial property owners and deep-pocket insurance companies on your behalf.
Your lawyer will:
- Investigate to find evidence proving what caused your accident
- Work with medical experts to testify about the overall future cost of treating your injuries
- Defend you if the property owner claims you are to blame for your injuries
- Negotiate to recover the maximum available settlement in your case
Taking legal action can seem overwhelming. A premises liability lawyer in Tampa, FL, can help ease your stress. Set up a consultation to learn more about your rights as a Florida injury victim.
What Are the Premises Liability Laws in Florida?
The term “premises” refers to property that someone owns. This includes actual structures and the surrounding land. Property owners are liable for keeping their premises reasonably safe for people who are lawfully on the property.
The property owner’s duty can vary depending on the circumstances. In general, property owners can’t be negligent in maintaining their property. The scope of their duty depends on why the injured party was on the property in the first place.
For legal purposes, there are three classifications that you might fall into: invitees, licensees, and trespassers.
Invitees
“Invitee” is the legal term for someone who is visiting the property to conduct some type of business. The person is “invited” onto the property for the owner’s benefit.
You will be classified as an invitee when:
- Shopping at a grocery store
- Attending a sporting event
- Staying in a hotel
- Visiting a doctor’s office
- Eating in a restaurant
Because you’re there for the owner’s benefit, the business owner is held to a higher standard of care than other property owners.
Business owners must:
- Fix any known hazards as soon as reasonably possible
- Give adequate warning about any known dangers
- Regularly inspect the property to identify any hidden dangers
Business owners can sometimes be held responsible for injuries caused by dangers that they reasonably should have known about–even if they didn’t actually know.
Licensees
Licensee is another term for a social guest.
Examples of situations when you’ll be classified as a licensee include:
- Attending a friend’s birthday party at their home
- Going door to door to support a political cause
- Visiting with a family member in their home
Even private property owners owe visitors a duty of care. However, this duty is more limited. Private property owners are only responsible for making licensees aware of dangerous conditions they know about. In other words, there’s no duty to inspect for hidden problems.
Trespassers
A trespasser is anyone who doesn’t have the legal right to be on someone else’s property.
You might be classified as a trespasser if you:
- Cut across someone else’s lawn
- Use a neighbor’s pool when they aren’t at home without permission
- Cut through an office building after closing hours
Property owners in Florida typically aren’t responsible for injuries to trespassers. In fact, their only duty is to avoid causing trespassers intentional harm. However, there could be exceptions, such as if a child trespasses due to an attractive nuisance on the land.
What Compensation is Available in Florida Premises Liability Cases?
The costs associated with any injury can be overwhelming. To add insult to injury, you might not be able to work while you recover.
Personal injury law gives accident victims the right to recover compensation for both economic damages (out-of-pocket costs and financial losses) and non-economic damages (subjective, intangible consequences).
This typically includes money for things like:
- Medical bills
- Lost wages and income
- Future medical expenses
- Reduced earning capacity
- Physical therapy
- Disability
- Pain and suffering
- Emotional distress
- Diminished quality of life
If your family member’s injuries were fatal, you may be entitled to recover damages for wrongful death. A lawyer can help you fight for compensation for the loss of your loved one’s company, support, and more.
You might wonder how a lawyer will determine what your case is worth. The insurance company will try to undervalue your claim. They might even have a convincing argument. That’s why your attorney might hire their own experts and specialists to offer independent proof supporting the value of your injury claim.
Understanding the Role of Shared Fault in Florida Premises Liability Cases
Expect the property owner’s insurance company to dig into your case and look for ways to pay less than you’re asking for. One common tactic is claiming that you should have seen the danger and avoided it.
If you’re facing this type of issue, it’s important to call a lawyer. Under Florida’s modified comparative fault laws, your compensation award can be reduced or eliminated if you’re partly at fault for the accident. If you’re 50% or less responsible for the incident, your award will be reduced proportionately. However, if your level of fault exceeds 50%, you’re barred from financially recovering anything.
Types of Premises Liability Claims in Tampa, FL
Premises liability claims aren’t strictly limited to slip and fall accident cases. Any type of dangerous condition on someone else’s property can cause serious injuries.
Common types of premises liability cases include:
- Swimming pool accidents
- Hotel accidents
- Negligent security claims
- Bed bug cases
- Slip and fall accidents
- Elevator accidents
- Apartment building accidents
- Falls down dangerous staircases
- Grocery store slip and falls
- Exposure to toxic substances
- Parking lot accidents
If you’re wondering whether you have a premises liability case, call an attorney for a free case review today.
Dangerous Property Conditions Can Cause Severe Injuries
The potential for serious injuries exists regardless of how you were hurt. When an unexpected injury throws your life off course, you deserve compensation from the person who caused your accident.
Some common injuries involved in premises liability cases include:
- Brain injuries
- Head and neck injuries
- Concussions
- Soft tissue injuries
- Spinal cord injuries
- Back injuries
- Broken hips
- Knee injuries
- Shoulder injuries
- Broken bones
- Paralysis
- Wrongful death in the most severe cases
Don’t underestimate the potential severity of an injury. If you fall and hit your head, you could be facing a lifelong struggle–and you don’t have to suffer a catastrophic injury to be entitled to compensation. It never hurts to reach out to an experienced Tampa premises liability attorney for legal advice.
Which Property Owners Can Be Held Liable for Damages?
Any property owner can be held liable for unsafe conditions on their property. As long as you weren’t trespassing, the property owner owes you a duty to keep the property reasonably safe.
Responsible parties can include:
- Restaurant owners
- Grocery stores
- Landlords
- Government agencies
- Homeowners
- Companies that own shopping malls
- And more
Your attorney will dig deep to identify every potentially responsible party in your case.
How Long Do I Have to Pursue Compensation Through a Premises Liability Lawsuit in Florida?
State laws impose time limits on your right to sue for damages. These laws are called the statute of limitations. In the state of Florida, you generally have two years to file a premises liability lawsuit (with some exceptions).
The state’s statute of limitations historically gave victims four years to file, but the deadline was shortened on March 24, 2023. Accordingly, if your premises liability incident in Tampa occurred after this date, you must follow the two-year limitation period, unless an exception applies.
Once the statute of limitations expires, you’ll end up with nothing for your injuries. If you’re worried about missing the deadline, get in touch with a lawyer today. They can take action right away to protect your right to sue for damages.
Injured on Someone Else’s Property? Call an Experienced Tampa Premises Liability Lawyer Today
Whether you were hurt at a Buccaneers game or taking the elevator to work, you shouldn’t have to pay for someone else’s negligence. An experienced Tampa premises liability lawyer can walk you through your options so you understand your rights. Contact the Florida Bar Lawyer Referral Service at (850) 561-5600 for help today.
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