The Plantation, Florida premises liability lawyers at Scarfone Auto Accident and Personal Injury Attorneys are here for you when you’re injured while visiting a property.
You do not expect to be injured when you head into a store, business, medical facility, or any other public space, which can make the injuries associated with premises liability claims much more challenging.
If this is the difficult position you’re in, protect your rights and your rightful compensation by reaching out for the professional legal counsel of an experienced Plantation premises liability attorney today. Pick up the phone and call Scarfone!
Common Forms of Premises Liability Claims
While every premises liability claim is unique and can address an accident of nearly any kind, some of the most common premises liability claims we see in Plantation include:
- Slip and fall accidents
- Trip and fall accidents
- Dog bites
- Swimming pool accidents
- Fires and burn injuries
- Negligent security
Premises Liability: The Elements of Your Claim
In the state of Florida, your premises liability claim will need to focus on four primary elements.
Duty of care owed
To begin, the commercial property owner or manager must have owed you a duty of care, which means they had a responsibility to safeguard you as a guest of their enterprise. This is generally the case as long as the injured party was on the property legally at the time of the accident in question.
Duty of care breached
Further, the commercial property owner or manager must have failed to uphold the duty of care that you were owed. The standard in this context is implementing the same degree of reasonable care that other property owners do in similar situations, which can include posting warnings.
Another facet of this element is that the owner or manager must have known about the risk factor in question or reasonably should have known about it.
Direct or proximate cause
The property owner’s failure to implement the necessary level of care must have been the direct or proximate cause of the accident that left you injured. For example, if a grocery store manager is notified that there is a spill in aisle 9 and does nothing about it for hours on end – ultimately leading to you slipping, falling, and being injured – this element is satisfied.
Finally, in order to bring a successful premises liability claim, you’ll need to demonstrate that you suffered losses that the law addresses, including:
- Medical bills
- Lost wages
- Pain and suffering
Premises liability claims are complicated, which makes working closely with a trusted Plantation premises liability firm an excellent option.
Actual or Constructive Knowledge of the Hazard
In order to recover on your losses in the State of Florida, you’ll need to prove that the business owner or manager had actual or constructive knowledge of the risk factor in question and that it is reasonable to expect them to have remedied the concern. Constructive knowledge can be established by either of the following:
- The risk factor was present for so long that it should have been discovered in the course of exercising ordinary care.
- The risk factor occurred with such regularity on the premises that it was foreseeable.
Foreseeability is the traditional approach when it comes to premises liability, and it relies upon the property owner or manager either knowing about the risk factor or being in a position that they should have known about it.
An Attractive Nuisance
Another approach to premises liability claims is intended to protect children, and it looks at what is referred to as attractive nuisances. It is well established that children are attracted by exciting – often dangerous – new experiences that include things like the following:
- Swimming pools and hot tubs
- Tools, including power tools
- Construction sites
- Empty refrigerators
- Unlocked vehicles
- Gravel pits
- Anything else that is difficult to child proof
Because children are known to be naturally curious and not to have the maturity or understanding to make safe choices for themselves, owners of attractive nuisances are responsible for taking the necessary precautions to help safeguard children that may find them difficult to resist.
Florida’s Time Limitation for Premises Liability Claims
Florida, like other states, implements a time limit when it comes to filing a premises liability lawsuit against an at-fault party. This limitation is known as the statute of limitations, and in Florida, it is four years from the time of the injury-causing accident.
While you may think that four years is more than enough, the truth is that the recovery process you face can be long and arduous, which can interfere with your ability to move your claim forward, but a seasoned Plantation premises liability attorney can help you with that.
Losses From Premises Liability Injuries
Clearly identifying your complete losses will play an important role in your ability to obtain a fair settlement, and these losses generally divide into three basic categories.
The medical costs you face can extend far into your future – especially if your injury is serious, leads to complications, or develops into a secondary health concern. Some of the most common medical expenses include:
- Emergency care
- Surgical and hospital care
- The services of doctors and specialists
- Pain management, including non-medicinal approaches such as chiropractic care
- Prescription medications
- Physical and occupational therapy
- In-patient rehabilitation
- Home health care
While you focus your efforts on recovering to the degree possible, you’ll likely experience lost income related to time off the job. These immediate losses are difficult enough, but if your ability to earn into the future is affected, they will be even more considerable.
Pain and suffering
Being injured as a result of a property owner’s negligence can lead to serious emotional challenges – in addition to the physical pain and suffering you endure. While this category of loss is more difficult to express in terms of cost, doing so is, nevertheless, critically important to your recovery.
Get a Plantation, Florida Premises Liability Lawyer on Your Side
Rocco Scarfone leads the Scarfone Auto Accident and Personal Injury Attorneys in Plantation, Florida. He is a skilled premises liability lawyer who has the experience, legal insight, and drive to help you obtain a favorable resolution that fairly addresses your complete losses.
We’re here to help — pick up the phone and call Scarfone, or contact us online for more information today.