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Fort Lauderdale Premises Liability Attorney

When you live, work, or visit Florida, you should be able to travel from place to place safely. You should not have to worry about your likelihood of falling at the dentist or slipping at the grocery store. You should not have to worry that the hotel pool is safely constructed and maintained, or that your child will get hurt at school. That is because property owners are generally required to maintain safe premises.

If you incurred injuries in an accident on private property, you should speak with a premises liability attorney regarding whether you have a right to pursue compensation. If the property owner failed to uphold its duty to you, you might have the right to seek compensation for your physical, emotional, and financial injuries.

Contact the Law Offices of David I. Fuchs today at (954) 568-3636 to schedule a free consultation with a Fort Lauderdale personal injury lawyer.

Common Premises Liability Cases

The Law Office of David I. Fuchs accepts many types of cases in which someone suffers a personal injury on someone else’s property. Some of the most common premises liability claims involve:

If you or a loved one was involved in one of these types of accidents, contact attorney Fuchs right away.

Your Status on Private Property

After being injured on the property of another, your attorney will determine your status on that land. This is a crucial step in potential premises liability cases. When you are on the private property of a business or another person, you may be classified as an invitee, licensee, or trespasser. The duty the property owner owes to you depends on this status.

Duty of Care for a Business Invitee

Property owners owe the highest duty of care to business invitees. You are an invitee if you enter and remain on a property for business purposes. This includes when you go shopping at the mall, buy food at the grocery store, get gas, and more. Property owners must keep their premises in safe condition for invitees, and they must inspect their properties then repair dangers or warn invitees about them. When you are injured on the property of a business, that company can be held responsible for hazards it knew or reasonably should have known about.

Duty of Care for Licensees

You are a licensee when you are the property of another person or business for social purposes, such as if you go to someone else’s home for a party. Property owners owe licensees the second highest duty of care. Owners must maintain their properties in a reasonably safe manner, and repair any hazards they know about.

Duty of Care for Trespassers

You are considered a trespasser if you do not have either explicit or implicit permission to be on another party’s property. When you are a trespasser, property owners owe you a very low duty of care. They only must refrain from intentionally or recklessly causing you harm.

If you were injured on the property of another individual or business, and you’re unsure of your status, contact a Fort Lauderdale premises liability attorney from the Law Offices of David I. Fuchs right away.

Premises Liability Elements

If your personal injury lawyer determines the property owner owed you a duty of care and breached that duty, then they will discuss with you pursuing compensation through a premises liability claim.

To obtain compensation, you must have evidence to establish four distinct elements:

  • The property owner owed you a duty of care
  • The property owner knew (or reasonably should have known) about a dangerous condition on their land
  • The property owner failed to repair or give warning about the dangerous condition
  • You were injured due to the dangerous condition

If you cannot prove each of these elements, then the property owner may have a strong defense against compensating you for your injuries. By working with an attorney, you have an experienced professional who will thoroughly investigate the evidence and gather the evidence you need to prove the owner’s liability.

Negligence vs. Negligence Per Se

Florida premises liability law relies heavily on negligence. This is the concept that one party owes a legal duty to act a certain way toward another party, but they breach that duty. Negligence is generally known as the failure to use reasonable care.

Negligence per se is slightly different. If a party violates a criminal and public safety statute, then this can be used as proof of negligence. In this situation, the injured party only needs to show that the at-fault party violated the law, and not that the at-fault party breached a duty of care. If you were injured on the property of another person or business, and you believe the property owner’s illegal conduct caused your injuries, talk with premises liability lawyer about how this might affect your case.

Exceptions to Florida Premises Liability Law

After you suffer injuries on another person’s property, it is essential to talk with a Fort Lauderdale premises liability attorney. FL premises liability law is complicated, and your rights could be affected by some common exceptions.

Florida Slip and Fall Law

One of the most common types of premises liability cases is a slip and fall. If you were injured after falling on a business’s property, you are not alone. This happens all too often. Unfortunately, Florida has a specific slip and fall law that can make it harder to recover compensation.

Under Florida Statute Section 768.0755, there is a specific standard for holding a business responsible for spilled substances on the ground. If you slip and fall on a “transitory foreign substance” in a store or other business, you must prove that the company knew about the dangerous condition (or had “constructed knowledge” about the hazard), and should have fixed it.

Constructive knowledge can be proven with circumstance evidence that shows:

  • The hazard existed for such a length of time that, when exercising ordinary care, the business should have known of that issue
  • The condition occurred with regularity and was foreseeable.

Under these circumstances, and in a variety of other premises liability cases, foreseeability is an important issue. Property owners who can foresee certain hazards arising should keep an eye out for those hazards and address them as soon as they arise.

Attractive Nuisance

Property owners owe special duties to children because due to their age and lack of maturity, as they do not have the capacity to recognize risks the same way adults do. Therefore, adult property owners need to take special care to protect children from hazards on their property.

Under the attractive nuisance doctrine, property owners must take care to protect children from conditions on their land that may attract children and present a danger to them. This is true even when the children are trespassing on the property, which makes the attractive nuisance doctrine an exception to a trespasser’s typical duty of care.

Some objects that may attract children include:

  • Swimming pools
  • Spas and hot tubs
  • Ponds and fountains
  • Refrigerators
  • Freezers
  • Washers and dryers
  • Large boxes
  • Machinery and equipment
  • Power tools
  • Trampolines
  • Abandoned vehicles

Recovering Compensation Under Premises Liability Law

If you have spoken with a Fort Lauderdale premises liability attorney, and it appears you have a valid claim, the next step is to determine your best avenue to compensation. This often depends on where you were injured, whether it was on a business’s property or a person’s home, and whether there is insurance coverage.

If you were injured on an individual or family’s private property, you might have the right to file a claim for injury compensation. Many homeowners insurance policies cover bodily injuries. Through an insurance claim, you may recover the compensation you need to cover your economic and non-economic injuries. However, if your claim is denied or if the policy limit is lower than the cost of your injuries, then you should speak with your attorney about filing a lawsuit against the homeowner.

Businesses also typically have insurance coverage to pay for business invitee’s injuries. Your attorney will communicate with the company to determine their liability coverage, and then they will pursue your insurance claim. Your premises liability lawyer will negotiate a settlement that will encompass your:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Emotional distress
  • Disfigurement
  • Disability

Is There a Premises Liability Lawyer Near Me?

If you were injured in Fort Lauderdale or another area of Southern Florida, attorney David Fuchs is here to help. He is highly experienced in all areas of personal injury law, including premises liability. He will investigate the incident and gather evidence to determine fault and liability for your injuries. If there is evidence that the property owner owed you a duty, and the violation of this duty led to your injuries, then he will represent you in an insurance claim or premises liability litigation. He will fight hard for you to receive fair compensation for your injuries.

To schedule a free consultation with a Fort Lauderdale premises liability attorney, contact the Law Offices of David I. Fuchs online, or by calling (954) 568-3636.

If you cannot come to the Fort Lauderdale office, accident attorney David I. Fuchs will send a representative to see you. His staff English and Spanish. Se habla Inglés y Español.

Llame a David Fuchs abogado de accidentes en la Fort Lauderdale. Ofrece consultas gratuitas.

Types of Cases We Handle