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Delray Beach Premises Liability Lawyer

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Delray Beach’s home and property owners, and even individuals who do not own property but control it, have a legal obligation to keep their premises safe so others who go lawfully onto the property will not be harmed.

Anyone who sustains an injury on someone else’s property should call a Delray Beach premises liability lawyer at Kgan & DiSalvo for a no obligation consultation to evaluate the incident and determine if a lawsuit can prevail.

Experienced personal injury lawyers in Delray Beach are going to be well-versed in this area of law and can work hard on your case.

Premises Liability Laws in Florida

Person laying in the street partially out of frame after a slip and fall accident

Florida’s premises liability law requires that property owners or controllers who know about a hazard and do not correct it or warn others who come onto the property about the hazard, will be held financially responsible for any injury or death that occurs.

However, if the property owner or controller did not know about the hazard or had no reason to know the hazard existed and therefore could not foresee anyone being hurt, then the property owner or controller is not liable for the harm caused.

Making a Claim

To have a legal right to claim compensation, the injured party must have had permission to be on the property. Permission under Florida law has three general classifications – invited guests, visitors, and trespassers. More specifically:

  • Public invitee: These are people who enter places that are open to the public for specific purposes, such as grocery stores, sporting stadiums, and parks
  • Business invitee: People conducting business on the property or those hired by the property owner to perform work there
  • Licensee by invitation: This is a guest who is in a home for socializing
  • Uninvited licensee: This is a person who visits a property uninvited and for their own convenience such as a door-to-door sales call
  • Trespasser: A person who comes onto property without the owner’s permission for their own particular reason

Proving Liability

Anyone who is injured while on someone else’s property must prove:

  • Authorization to be on the property at the time of the injury
  • The property owner or controller had “constructive knowledge,” defined as knowing of a fact, that the hazard was there
  • The property owner or controller failed to remove or repair the hazard
  • The hazard caused the injury
  • Monetary damages occurred

Liability Exceptions

The property owner or controller does not have a legal responsibility to keep a trespasser from harm while on the property. Trespassing on someone’s property is unlawful.

Another exception is school children who cut across property en route to and from school, who are called “known trespassers.” But if the property owner or controller knows the children use the property for a shortcut then liability does exist if any harm happens.

Attractive Nuisance

Some types of property, such as construction sites and homes with water features and/or swimming pools, are known to attract children. The attraction can also cause harm, such as falling in a hole or a construction site. In conditions where both attraction and threat exist, the property owner or controller is liable for any harm that results.

How a Delray Beach Premises Liability Attorney Can Help

An employee placing a wet floor sign in the entryway of a business

A Delray Beach premises liability lawyer will first send a letter to the offending party demanding damages. If that is not successful, the attorney will develop evidence to prove that the property owner or controller had liability and prepare for a lawsuit.

Many civil cases are settled between the parties and in that situation, the attorney will aggressively negotiate a fair settlement.

Total reviews: 1204 |

Average rating: 4.9

5

I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.

5

George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.

5

Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.

5

The personal care that this office gave me was impeccable and I couldn’t be more appreciative

5

(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹

(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹

5

Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.

5

The firm was great with my case.

5

I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.

What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.

Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.

5

Jennifer was amazing throughout the whole process.

5

I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.

I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.

Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.

5

The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.

5

Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!

5

My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.

5

This farm is absolutely great !!!

5

I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan

5

Trust the Process – Outstanding Team, Remarkable Results

Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.

You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.

I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.

One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.

Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.

5

Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!

5

They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.

5

My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.

5

This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.

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