Premises liability is a legal concept that holds property owners responsible for maintaining safe conditions on their premises. When individuals are injured due to hazardous conditions or negligence on someone else’s property, they may be entitled to compensation for their injuries.
At Gerber Law, we understand the devastating impact that accidents on someone else’s property can have on your life. Whether you slipped on a wet floor, tripped over uneven pavement, or suffered an injury due to inadequate security, our experienced attorneys can collect evidence and prove the liability of the at-fault party to get you the financial compensation you deserve.
Premises Liability Laws in Florida
Premises liability laws outline the legal responsibilities of property owners to maintain safe conditions for visitors and guests. Under Florida law, property owners owe a duty of care to individuals who enter their premises, which includes maintaining the property in a reasonably safe condition and warning of any known hazards that could cause harm. These laws are primarily governed by common law principles and statutory provisions, including Florida Statutes § 768.0755, which addresses liability for slip and fall accidents on business premises due to transitory foreign substances.
Florida follows the modified comparative negligence rule, under which you cannot recover damages if you are found 50% or more liable for your injuries. This harsh rule underscores the importance of establishing the negligence of the property owner in premises liability cases. Our premises liability attorney can prove the defendant owned the property and owed you a duty of care, whether your case involves a retail store, an office building, a pavement, or an amusement park accident.
Types of Florida Premises Liability Law Cases We Handle
At Gerber Law, our proven premises liability accident attorneys in Florida will establish negligence and recover maximum compensation for you through settlement negotiations or a premises liability lawsuit. We can handle the following types of cases, among others:
Slip and Fall Accidents
Slip and fall accidents are among the most common types of premises liability claims in Florida. These accidents can occur due to wet floors, uneven surfaces, loose rugs, poor lighting, or other hazardous conditions. Property owners and occupiers must maintain their premises in a reasonably safe condition and warn visitors of known dangers. To succeed in a slip and fall claim, the injured party generally needs to prove that:
- The property owner or occupier knew or should have known about the hazardous condition.
- The property owner or occupier failed to correct the dangerous condition or provide adequate warning.
- The hazardous condition caused the plaintiff’s injuries.
Negligent Security
Property owners, especially those who own or operate businesses, hotels, or apartment complexes, have a duty to provide adequate security measures to protect visitors from foreseeable criminal acts, such as assaults, robberies, or other violent crimes. Failure to provide adequate security can result in liability if someone is injured because of inadequate security measures.
Trip and Falls
Getting hit by or tripping on an object due to negligence or deliberate actions on someone else’s property poses a risk of injury. Whether it’s a misplaced item falling or someone intentionally misplacing an object, the consequences can be severe. Property owners and employers have a responsibility to maintain safe environments, ensuring objects are secured and do not pose a danger to anyone.
If you’re injured by an object that falls or is thrown due to negligence, you might have a case. We can help you determine if the property owner or employee was responsible and fight for compensation for medical bills and lost wages.
Swimming Pool Accidents
Given Florida’s abundance of swimming pools, drowning and near-drowning accidents are unfortunately common. Property owners who have swimming pools on their premises, whether private or commercial, have a duty to keep the pool safe and implement necessary safety measures, such as fences, gates, and warning signs, to prevent accidents.
Elevator and Escalator Accidents
Property owners and managers of buildings with elevators and escalators should ensure that these devices are properly maintained and inspected regularly to prevent malfunctions and accidents. Mechanical failures, abrupt stops, and other defects can lead to serious injuries.
Dog Bites and Animal Attacks
Pet owners in Florida can be held liable for injuries caused by their pets if the owner knew or should have known about the animal’s aggressive tendencies. Dog bites and animal attacks can result in severe injuries, and victims may be entitled to compensation for medical expenses, pain and suffering, and other damages.
Electrical Accidents
Electrical accidents can occur due to faulty wiring, exposed wires, or other electrical hazards on the premises. Property owners have a duty to maintain their electrical systems in a safe condition and to warn visitors of any known electrical hazards.
Structural Collapse or Building Failure
Property owners and managers have a duty to maintain the structural integrity of buildings and to conduct regular inspections to identify and address any signs of structural weaknesses or defects. A building collapse or structural failure can result in catastrophic injuries or fatalities to occupants or visitors of the property.
Toxic Exposure
Exposure to hazardous or toxic substances on someone else’s property can lead to serious health problems and long-term medical conditions. Property owners and occupiers have a duty to properly store, handle, and dispose of toxic substances and warn visitors of any known risks of exposure.
If you have been injured on someone else’s property due to negligence, contact Gerber Law, PA for experienced legal representation and guidance.
Why Choose Gerber Law to Maximize Your Financial Recovery?
When a property owner fails to uphold their legal responsibility to exercise reasonable care and keep their premises free from unsafe conditions, victims may have a valid premises liability claim within the purview of personal injury law. However, you need a careful approach to establish the property owner’s negligence and that your premises liability injuries and medical expenses were caused by the accident.
Our Florida premises liability attorneys have years of experience handling premises liability cases. We can help you hold the property owner responsible for their actions by proving that they knew of the hazardous condition and that they did not keep the premises safe.
Experience and Dedication
Florida premises liability attorney Maria Gerber, founder of Gerber Law, has been practicing law since 1995. As a former State Prosecutor and experienced trial attorney, Maria has a deep understanding of the legal system and a proven track record of achieving favorable outcomes for her clients.
Access to Resources and Experts
At Gerber Law, we have the resources and connections needed to build a strong case on your behalf. From medical experts to accident reconstruction specialists, we work with a network of professionals who can provide valuable insights and testimony to support your claim.
Personalized and Determined Representation
We understand that every Florida premises liability case is unique, which is why we provide personalized attention to each client. Attorney Maria Gerber and her dedicated team will work tirelessly to investigate your accident, gather evidence, and build a compelling case to maximize your financial recovery. Our lawyers will prove the property owner owes you a duty of care and that you suffered injuries due to their breach of duty.
Proven Results
Our firm has a proven track record of recovering substantial settlements and verdicts for our clients. From car accidents to slip and fall cases and premises liability accidents, we have successfully recovered millions of dollars in compensation for accident victims throughout Florida.
How Our Florida Premises Liability Lawyers Establish the Negligence of the Defendants
Winning premises liability claims requires careful consideration of various factors under Florida law. The attorneys at Gerber Law have decades of experience and the necessary skills to ensure our clients receive the compensation they are entitled to.
Duty of Care
Property owners owe a duty of care to visitors, which varies depending on the visitor’s status (invitee, licensee, or trespasser). Gerber Law carefully examines the circumstances to determine the extent of the duty owed by the property owner.
Your personal injury lawyer will employ a strategic approach to establish this fundamental aspect of premises liability claims:
- Visitor Classification: Determining the legal status of the visitor – invitee, licensee, or trespasser.
- Reasonable Care Standard: Assessing whether the property owner maintained a safe environment.
- Foreseeability of Harm: Analyzing if the property owner could have anticipated potential risks.
- Special Circumstances: Considering factors like the presence of children or known criminal activities.
- Compliance with Regulations: Verifying adherence to building codes and safety regulations.
Knowledge of Hazardous Conditions
To establish liability, it must be shown that the property owner had actual or constructive knowledge of the hazardous conditions that led to the accident.
- Photographic Documentation: Our team can get detailed photographs of the accident scene that document any hazardous conditions such as wet or slippery floors, uneven surfaces, or obstructed walkways.
- Witness Testimonies: We gather statements from witnesses who observed the hazardous conditions or were aware of their existence. This works as additional corroborative evidence to support your claim.
- Review of Maintenance Records: Our lawyers and investigators will try and uncover any prior knowledge or neglect regarding the hazardous conditions. This can strengthen the case for negligence against the property owner or manager.
Causation
There must be a direct link between the hazardous condition and the injuries sustained by the victim. We will use the following to prove causation:
- Medical Records: Utilizing medical documentation to establish the extent and nature of the victim’s injuries.
- Expert Testimonies: Engaging medical experts to provide professional opinions on the causal link between the hazardous condition and the injuries.
- Accident Reconstruction: Employing reconstruction techniques to illustrate how the accident occurred and its connection to the hazardous condition.
- Witness Testimonies: Gathering statements from witnesses who observed the accident and can attest to its circumstances.
- Surveillance Footage: Analyzing available footage to identify the hazardous condition’s role in causing the accident and subsequent injuries.
Florida follows a modified comparative negligence system, where the victim’s negligence may affect their compensation. Florida premises injury lawyers at Gerber Law diligently address any claims of comparative negligence to ensure our clients receive maximum compensation.
Notice Requirements
Depending on the circumstances, Florida law may impose notice requirements on premises liability claims, necessitating timely notification to the property owner of any dangerous conditions. Our team ensures these legal obligations are satisfied to strengthen our clients’ cases.
- Prompt Reporting: Ensuring that the incident is reported to the property owner or manager as soon as possible after the accident.
- Written Notice: Providing written notice to the property owner or manager detailing the circumstances of the incident and the resulting injuries.
- Compliance with Time Limits: Adhering to any statutory deadlines for notifying the property owner or manager of the accident.
This step is also important for premises liability or personal injury cases involving wrongful death.
Our Premises Liability Attorneys in Florida Have a Proven Record of Settlements and Verdicts
- Premises Liability: $425,000 Recovered for a victim who fell on a defective staircase.
- Slip & Fall: $365,000 Recovered for a slip and fall victim who required knee surgery after falling in a big box retail store.
- Premises Liability: $250,000 Recovered for a victim who fell after colliding with a store employee.
- Slip & Fall: $185,000 Recovered for a slip and fall in a restaurant parking lot.
- Slip & Fall: $125,000 Recovered for a slip and fall on an uneven sidewalk.
Choose a Florida Premises Liability Lawyer with Decades of Hard-Fought Experience
The seasoned premises liability lawyers at Gerber Law have a deep understanding of the law and a commitment to fight for justice. We have the skills and resources to take on even the most complex cases. Our attorneys will handle every aspect of your case with the utmost care and attention to detail.
We will investigate the accident scene, negotiate with insurance companies, and aggressively represent you in court, if necessary. Our goal is to alleviate the burden on you and your family during this difficult time, allowing you to focus on your recovery while we handle the legal complexities on your behalf.
To request your free, no-obligation consultation, call us at 941-484-2700 or complete this online form.
