TAMPA (FL) PREMISES LIABILITY INJURY ATTORNEY
When you are a customer, resident, or guest on these premises in the State of Florida, you are owed a duty of care. A premises liability lawyer in Tampa, Florida, will tell you that if walkways are slippery, the lighting is inadequate, or structures are unstable, the property owner or tenant could be held liable for any accidents and injuries.
Premises liability claims occur when you, or someone you care about, is injured on another person’s property because that property owner or tenant failed to provide reasonably safe conditions. A premise can be anything from an apartment complex to a mall to a hospital to a public park. A premises liability attorney from CDB Injury Law can help you.
Recovery of a cash award is possible even if an injured party is partly responsible for causing their injuries. Florida is known as a pure comparative negligence state when it comes to the operation of its negligence laws. This means that a jury considers the amount of fault of both the injured party and the party who is suspected of having caused the injury. Based upon the jury’s decision, the judge would then adjust any settlement awarded according to the jury’s apportionment of fault.
What are the risks associated with a Premises Liability Injury Claim?
Premises liability claims arise when someone is injured due to unsafe conditions at a workplace, such as a restaurant, grocery store, retail establishment, office building, hospital, school, or other commercial property.
Premises liability claims can be filed against owners, operators, managers, contractors, architects, engineers, landlords, tenants, suppliers, manufacturers, distributors, and others who control access to the property. If you are an owner of a business or the plaintiff, it is crucial that you understand your rights as well as the risks involved in pursuing a premises liability claim.
For a plaintiff to prevail in a premises liability case, they must prove:
- That the defendant owed them a duty.
- That the defendant breached this duty.
- That the breach was the actual cause of their injury.
- That they suffered damages.
The first element requires proof that the defendant had some legal obligation to protect the plaintiff from a particular risk of harm, including a contractual relationship between the parties, a statute, a common-law rule, or even a voluntary undertaking.
The second element involves proving that the defendant failed to perform their duty with reasonable care. In most cases, the defendant should have foreseen the risk of harm posed by the condition and should have taken steps to prevent it. However, if the defendant did not create the dangerous situation, it cannot be held liable unless it knew the condition and took no action to correct it. Suppose the defendant made the hazardous condition but could not reasonably foresee that it would injure people. In that case, it will only be responsible if it exercised ordinary care to make the area safe.
The third element requires showing that the defendant’s failure to act caused the plaintiff’s injuries. For example, if the defendant must maintain the premises free of a specific hazard but fails to do so, the plaintiff must show that the absence of the hazard caused his injury. Similarly, suppose the defendant has voluntarily undertaken a duty to keep the premises safe but does not fulfill that duty. In that case, the plaintiff must demonstrate that the defendant’s actions were the actual cause of his injuries.
Finally, the fourth element requires establishing that the plaintiff suffered damages due to the defendant’s conduct. Damages in a premises liability case can take many forms, including medical bills, lost wages, pain and suffering, emotional distress, and more.
If you believe that you have been injured due to another person’s negligence, it is essential that we review your situation and provide you with sound advice regarding your legal options.
At CDB Injury Law, we will help you determine whether you have a valid claim and what evidence you need to support it. We are experienced in handling personal injury matters, including premises liability claims. Contact us today to schedule a free consultation.
What is the time limit on a Premises Liability Claim in Florida?
There are two different statutes of limitations for premises liability claims in Florida. The first one applies to all defendants except those who own or operate businesses. It provides that a claimant must file suit within three years after the date of the incident causing the damage. If the owner or operator of the business is also sued, then the statute of limitations runs separately against each party.
The second statute of limitation applies to owners and operators of businesses. This law provides that a claimant must sue within four years after the date of an accident involving a “business establishment” (which includes any commercial building).
In addition, there is a general six-year statute of limitations for personal injury claims in Florida. This means that you generally have six years from the date of the incident to bring a lawsuit.
If you believe someone else’s negligence has harmed you, contact our office immediately. Our attorneys at CDB Injury Law are ready to assist you.