According to the most recent statistics from the Florida Violence and Injury Prevention Program, there were approximately 67,860 hospitalizations for fall-related injuries statewide in 2014. Under Florida law, property owners owe a legal duty of care to keep their property in a reasonably safe condition. If you were injured in a slip and fall accident on someone else's property, you may be eligible to pursue damages.
At Tonya Stewart Law, I'm committed to offering experienced legal guidance and compassionate representation to clients in their premises liability cases. As a knowledgeable Florida personal injury attorney, I can fight to protect your rights and help you seek fair financial compensation for your injuries, including help for medical bills, lost wages, or pain and suffering.
My firm proudly represents clients throughout Lake Wales, Lakeland, Davenport, Winter Haven, and Haines City, Florida.
"Premises liability" is a legal term used to describe an incident in which a person becomes injured in an accident on someone else's property as a result of the unsafe, dangerous, or defective conditions of the property. Through a premises liability claim, a property owner may be held liable for injuries to others that occur while the victim was on their property.
For example, if a homeowner fails to warn visitors about broken stairs, a visitor may slip and suffer an injury. In such a situation, the victim may have valid grounds to file a premises liability claim against the property owner if there was no warning about the unsafe condition (broken stairs).
As mentioned, property owners have a responsibility or owe what is known as a “duty of care” to keep their premises in a safe condition. The specific legal duty owed to the plaintiff by the property or business owner at the time of the accident is separated into three categories — invitees, licensees, and trespassers.
Invitees: An invitee is a person who enters the property or business's premises with the permission of the owner to carry out a business transaction or honor an invitation. The owner of the property owes the utmost duty of care to the invitees. The landowner must keep the premises in a safe condition, repair damages, or inform invitees of any potential dangers.
Licensees: A licensee is a person who enters and stays on a property's premises for the property owner's convenience and with the owner's consent and permission. The property owner owes the second-highest duty of care to the licensees.
Trespassers: A trespasser is a person who enters another person's property without the property owner's knowledge or consent. Even if the trespasser is there without permission, the landowner owes him or her a limited duty of care to not cause intentional harm or injury through gross negligence.
If a landowner is negligent or fails to fulfill the duty of care owed to invitees, licensees, and trespassers as described above, they may be held liable for injuries sustained on the property.
Some common injuries that may occur and lead to premises liability claims include:
Slip and fall accidents
Dog bites and other animal attacks
Elevator and escalator defects or accidents
Stairway collapses or defective staircases
Inadequate property maintenance
Negligent security leading to assault or injury
Water leaks or flooding
Garage door accidents
Swimming pool accidents
Toxic fumes or chemicals
Premises-related injuries can occur on either private or public properties. Private properties consist of residential apartments and commercial buildings, including retail stores, local grocery stores, supermarkets, and restaurants. Public properties include public schools, public libraries, public playgrounds, theme parks, sidewalks, roadways, parking lots, and other establishments owned, controlled, or managed by the government.
In premises liability lawsuits, there is no difference between public or private property negligence. Just as an injured victim is entitled to recover damages for getting hurt on private property, he or she may also pursue compensation from the government for premises-related injuries suffered in public places. Whether you suffered an injury on your neighbor's property, at a local supermarket, in a public place, or even at a government establishment, you are within your rights to file a premises liability claim or seek damages from a negligent landowner.
Speak with an Experienced Attorney
Navigating the challenges of Florida premises liability claims on your own can be difficult and stressful. If you were hurt in an accident on someone else's property, retaining a knowledgeable Florida personal injury attorney is imperative to protect your rights and help pursue fair financial compensation for your injuries.
At Tonya Stewart Law, I have devoted my career to offering outstanding legal services and compassionate representation in personal injury and premises liability matters. As an experienced personal injury attorney, I can protect your rights and attempt to prove that:
The property owner was responsible for your safety while on the premises
The property owner owed you a legal duty of care
There was an unsafe, dangerous, or defective condition on the property
The property owner knew about the unsafe condition but failed to do anything about it
The failure of the property owner to perform necessary repairs or adequate maintenance and keep the property reasonably safe was a contributing factor to your injury
As your legal counsel, I will fight aggressively to protect your rights and represent your best interests. I will establish liability, estimate case-value, and help negotiate a fair settlement with the insurance provider. Having me on your side can increase your chances of obtaining a favorable outcome in your premises liability lawsuit.
Contact my firm — Tonya Stewart Law — today to schedule a free one-on-one case assessment. I will offer you the comprehensive legal guidance and strong representation you need to pursue a premises liability claim to seek fair compensation for the injuries you suffered. I'm proud to serve clients across Lake Wales, Lakeland, Davenport, Winter Haven, and Haines City, Florida.