Premises Liability Attorney in Hollywood, FL
If you have been seriously injured on someone else’s property in Hollywood, Florida, you could be entitled to compensation for medical care, lost wages, pain, and suffering, and other damages.
Slip and falls, sidewalk accidents, dog bites, and many other incidents fall under the area of law called premises liability. These claims are often complex, and it can be difficult to prove liability. This is why it is important that you consult with a skilled and knowledgeable Hollywood premises liability lawyer as soon as possible following an accident on someone else’s property.
If you have been injured by a dangerous condition on a property owned or controlled by someone else, you need a personal injury attorney who will be there for you throughout the entire process. Rosen & Ohr, P.A., is prepared to fight tirelessly for the full and fair compensation you deserve.
Don’t accept the initial settlement offer from the insurance company. It is most likely far less than what you deserve. Rosen & Ohr, P.A., can review the settlement offer and negotiate for more.
To schedule a free and confidential consultation with our Hollywood premises liability attorneys, contact us now.
What Is Premises Liability?
Put simply, premises liability is the notion that a property owner or occupier is responsible for making sure their property is safe for visitors. Private property owners, commercial property owners, businesses, municipalities, and homeowners in Florida are subject to liability provisions under premises law.
Premises liability takes a number of forms, including slip and falls, pool accidents, dog bites, falling through a rotted porch, and any other property-related accident.
If an accident occurs on someone’s property due to the property owner’s negligence, they can be sued. All Florida property owners have a responsibility for the general safety of any individual who enters their property. They are responsible for maintaining the conditions of the property.
Premises Liability Laws in Florida
Under Florida law, the property owner is responsible for keeping their premises in a reasonably safe condition free of hazards. A failure to do this could create liability if the hazard results in injury to a visitor.
According to Florida law, the three main categories of visitors are:
- Invitee. An invitee is someone who has been invited by a property owner to enter the premises. Store patrons or public area visitors are included in this category. Invitees receive the most protection under Florida law. Property owners are expected to maintain their properties in a manner that both prevents hazards and fixes issues in anticipation of a potential mishap. As an invitee, you are most likely eligible to recover compensation for your injuries.
- Licensee. A licensee is someone who has not been specifically invited onto the property but has been permitted to be there. Licensees can include family members, friends, or neighbors visiting a home. While licensees receive more protection than trespassers, their eligibility for compensation relies on the facts and circumstances surrounding their injuries.
- Trespasser. You are considered a trespasser if you go onto a property without permission. If you are a trespasser, you will likely receive little to no legal rights if you sustain injuries. However, if the property owner purposely set up hazards to injure trespassers, this could potentially be an exception. Children who are injured by an “attractive nuisance” such as an unsecured pool may also have a claim, even if they were trespassing at the time.
Types of Premises Liability Cases
Accidents and dangerous conditions that can give rise to premises liability cases in Florida include:
- Slips, trips, and falls
- Broken or uneven sidewalks
- Rotten floorboards
- Inadequate lighting
- Loose carpeting
- Animal attacks and bites
- Uneven steps or defectively built stairways
- Fire safety and building code violations
- Spilled water or slippery conditions on the floor
- Falling objects
- Loose cables or wires
- Debris or other objects on sidewalks or other passageways
- Catastrophic deck failure
- Broken or missing handrails on stairways
- Failure to post signs warning of hazards
- Malfunctioning doors or windows
- Dangerously displayed merchandise
- Negligent security
- Improperly maintained elevators and escalators
- Construction debris
Types of Injuries Caused by Negligent Premises
Common injuries involved with premises liability cases include:
- Head and Traumatic Brain Injuries (TBIs): Head trauma, concussions, skull fractures, and traumatic brain injuries can happen as the result of a slip-and-fall accident, stairway accident, sidewalk accident, or if a porch or balcony collapses, for example. These injuries are often very serious and can result in brain damage that permanently impairs cognitive function.
- Soft Tissue Injuries: A soft tissue injury is an injury to a tendon, muscle, ligament, or other fibrous tissue in the body. Soft tissue injuries can be very serious. A serious soft tissue injury could include a torn muscle, tendon, or ligament that requires surgery.
- Shoulder and Neck Injuries: Shoulder and neck injuries are often caused by landing on your shoulder or neck from a slip, trip, or fall. Neck injuries can range from muscle sprains to paralysis. Shoulder injuries from severe falls often result in shoulder dislocation and broken collarbones. These injuries are extremely painful and sometimes require surgery.
- Spinal Cord Injuries: Spinal cord injuries can be life-threatening and, if not fatal, often require long-term care. Medical treatment for spinal cord injuries can be extremely costly. These injuries can result in quadriplegia, paraplegia, and sensory issues throughout the body.
- Broken Bones: Broken arms, legs, hips, ribs, and other bones are extremely painful. You may require surgery involving inserting pins or rods to keep the bone in place while it heals. You could also require months of physical therapy to regain function.
- Lacerations and Bruising: Slips, trips, and falls can cause lacerations and bruises that can be quite serious. Deep lacerations could require stitches and be at risk of infection.
Compensation for Injuries in a Premises Liability Case
The amount of compensation you receive for your premises liability case will depend on the specific facts and circumstances of your case. Factors taken into account will include the severity of your injuries, the extent of your financial losses, the amount of pain you’ve endured, and the amount of disability the injuries will cause in the future.
Damages commonly awarded in Florida premises liability cases include:
- Medical expenses (past, present, and future). You may be entitled to be reimbursed for your doctor’s appointments, hospital visits, physical therapy, rehabilitation, surgery, any other medical treatment you need because of your injuries.
- Lost wages. Lost wages include both past and future wages that you will lose while you are recovering from your injuries and unable to work. Lost wages can entail more than just your paycheck, you could be entitled to ask for such compensation as commissions, bonuses, and promotions you lost.
- Lost earning capacity. This is a reduction in your ability to earn an income due to your injuries. If your injury is so severe that it causes you to become disabled or to have to switch careers, you may be entitled to lost earning capacity.
- Pain and suffering. You could obtain damages to compensate you for the pain and suffering you experienced from the accident. These types of compensation, known as non-economic damages, are more difficult to quantify but every bit as real as economic damages. An experienced attorney who has handled many premises liability cases can advise you on the value of this portion of your claim and negotiate to seek maximum compensation.
- Loss of enjoyment of life. This refers to how the injury affects your ability to perform activities that gave you joy prior to the accident. These activities may include your favorite social activities and hobbies.
Contact a Premises Liability Lawyer Today
The attorneys at Rosen & Ohr, P.A., are ready to thoroughly investigate your Hollywood premises liability case and discuss your options for seeking compensation. We have extensive experience in representing clients who have been injured due to hazardous conditions on private and public property.
Our experienced Florida premises liability attorneys are ready to protect your rights, collect all the relevant evidence, and make sure your injuries are properly treated and documented.
If you have been seriously injured on residential or commercial property in Hollywood or surrounding areas of Florida due to someone’s negligence, our highly skilled and compassionate lawyers are ready to build the strongest case possible for you. Call Rosen & Ohr, P.A., today to schedule a free and confidential consultation.