Tampa Premises Liability Lawyers | Wagner, McLaughlin & Whittemore

How a Property Liability Attorney Can Help After an Accident in Florida

If you were visiting someone else’s property – whether it was a friend, family member, or business – and you were injured, you can file a premises liability claim to be compensated for your injury and losses.

It is important to work with a premises liability injury lawyer who can help you prove negligence and liability and to hold the responsible party accountable.

Your experienced Tampa personal injury attorney can evaluate your case and determine how much your claim is worth. They can guide you through gathering critical evidence, determining who was at fault and financially liable for your damages.

Your local property liability attorney can review insurance policies and negotiate with carriers to help you get a full and fair amount of compensation for your losses.

Areas in Florida We Serve

Our experienced premises liability lawyers are based in Tampa; however, we serve victims of dangerous property conditions throughout the state of Florida, including in the following cities:

Clearwater
St. Petersburg
Ft. Lauderdale
Bradenton
Key West
Brandon
Orlando
Sarasota
Boca Raton
Lakeland
Naples
Fort Myers
Cape Coral
Miami
West Palm Beach
Jacksonville

Can I Sue After Being Injured on Someone Else’s Property?

Whether you were injured on someone’s private property, at a business, or on public property, you may be able to file a lawsuit against the property owner, business, tenant, manager, or maintenance individual.

Property owners owe certain people a duty of care to maintain their premises in a reasonably safe condition. If they fail to do so, and there is a dangerous condition on the property that causes injuries, the property owner can be held accountable.

Property owners must keep their property in a reasonably safe condition. The owners and those in control of the property have a duty to protect a business invitee from dangers the property owner is reasonably aware of or should be aware of.

In addition, the property owner and those in control of the property also have a duty to warn invitees of dangers that are or should be known to the owner. This is why, for instance, that you will see “slippery when wet” signs on occasion at a business – it is complying with its duty to warn.

What Type of Visitor Were You?

The duty of care the property owner owes you depends on the type of visitor you were on the property:

Invitee: This is a person who enters a property with an explicit or implicit invitation from the property owner, such as someone who enter a business for business-related purpose. Property owners owe these individuals the highest level of duty.
Licensee: The duty of care to an invited licensee is the same as is owed to an invitee. Uninvited licensees are owed a lower, moderate level of care.
Trespassers: These individuals are not owed a duty of care by property owners. They do not have permission to be on the property. However, a property owner cannot purposefully place hazards on their property to harm trespassers.

Understanding Florida Premises Liability Lawsuits

Filing a premises liability lawsuit is like filing any other personal injury claim. You must be able to show negligence and prove that you suffered harm, which includes damages or injuries.

Negligence in Florida Premises Liability Cases

You must prove that the property owner was negligent in a premises liability case. Some examples of dangerous premises include:

Slippery floors that cause a slip and fall accident
Wet sidewalks or walkways
Uneven roads and sidewalks
Broken handrails and staircases
Faulty pool ladders or covers
Poor lighting
Negligent security in dangerous areas
Debris on the floor
Falling objects
Hazardous substance exposure
Theme park ride malfunctions

Calculating Damages in Premises Liability Claims

You can often get full and fair compensation in premises liability claims because the insurance policies have higher limits than some other types of insurance policies (such as automobile car insurance, which often has lower limits).

When you file a premises liability claim at a business or home, you will be using business insurance or homeowners’ insurance to make a claim.

However, these insurance carriers will still try to lowball their settlement offers and deny claims. That’s why it’s important to work with an experienced premises liability attorney who can guide you through the process and help you get the most compensation possible.

Types of Damages You Can Get in a Premises Liability Claim

You can get multiple types of damages in a premises liability claim, including:

Economic Damages: These include out-of-pocket expenses directly connected to monetary loss, including medical expenses, lost wages, loss of earning capacity, wrongful death, and property damage.
Non-Economic Damages: These include permanent injury and intangible losses like disfigurement, pain and suffering, and loss of enjoyment of life.

Injured on Someone Else’s Property or at a Business? Call WMW Today.

Being injured as a visitor at someone else’s house or while out at a restaurant or business can be overwhelming. You shouldn’t deal with the situation alone. Let us handle the legal issues while you focus on recovery.

At WMW, our experienced Tampa premises liability lawyers understand Florida personal injury laws and will use them to build a strong case for you. We will argue on your behalf to get you the most compensation possible.

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