A premises liability claim is based on the following factors:
- You were lawfully on another party’s property.
- There was a hazard or condition that the property owner or manager knew or should have known about.
- You were injured due to their negligence.
- You suffered financial losses, like medical bills.
In the State of Florida, property owners are required to uphold a “duty of care” for their visitors. For premises liability claims, understanding the legal implications of duty of care is crucial.
Duty of care is the concept of maintaining a reasonably safe environment for visitors. The exact definition of “reasonable safety” is debatable, as it will be determined on a case-by-case basis.
Damages You May Recover in a Premises Liability Case
If this duty of care is neglected and you are injured in the process, the property owner may be forced to compensate you for your economic and non-economic damages.
Economic damages have monetary values. Non-economic damages do not, but our premises liability lawyers can help you pursue compensation for them, too. You will need to have supporting documentation and information to support the cost of your losses.
Your Financial Awards Depend on Your Circumstances
Every victim will have their own unique story to tell that carries a unique monetary value when you add up all their different losses. For example, one victim may suffer severe post-traumatic stress disorder (PTSD) after their premises liability accident, while another victim could have their personal relationships ruined by their accident. Each form of suffering has validity, and it will carry a monetary value proportionate to its severity.
Ultimately, you can collect specific damages if the court finds the other party liable for your injury.
These damages can include:
- Mental suffering
- Loss of income
- Diminished income potential (meaning the inability to earn the same amount of money you used to earn before your injuries)
- Medical bills
- Damage to your personal property
- Day-to-day assistance with permanent disabilities
- Loss of consortium
- Future expenses related to your injuries
To consult with an experienced premises liability lawyer today, call 855-686-6752
How Liability Works in Premises Liability Cases
There could be multiple parties responsible for your losses. It does not matter whether you caused or contributed to your accident because Florida operates on a pure comparative negligence system.
This means that even if you were 99% responsible for what happened, you could still pursue damages. However, your portion of fault for the accident will reduce the amount of money that you can receive. This is covered in more detail under Florida Statutes § 768.81.
- Let us assume you are liable for 10% of your accident. The court decides to award you $100,000 for your economic and non-economic losses. Your 10% liability will be applied to your settlement, and it will be reduced to a new total of $90,000.
Your Rights After a Premises Liability Accident
The Florida Bar explains that invitees and licensees are allowed to be on a person’s property. Therefore, they are afforded duty of care, and their reasonable expectation of safety must be honored by the property owner.
Invitees and licensees include:
- Business-related invitees: People who are on the property to conduct business with the property owner, such as customers
- Invitees from the public: Visitors to public properties
- Invited licensees: People who enter the property as guests
In some cases, trespassers may also be afforded duty of care if the property owner showcases malice or gross negligence prior to the accident.
Taking Legal Action with an Orlando Premises Liability Lawyer
Here at Bogin, Munns & Munns, we have been helping accident victims seek justice since 1979. Our attorneys can explain what a premises liability claim is and determine if you have a case.
At the end of the day, we can take the stress out of your premises liability claim by handling all of the legal proceedings while you focus on getting better. Whether we are gathering evidence, defending your rights in civil court, or negotiating settlements on your behalf, we are here to serve all your legal needs.
As you weigh your legal options, we want you to know that Florida Statutes § 95.11 establishes a four-year statute of limitations on most premises liability lawsuits in Orlando.