Commercial property pertains to any real estate property that is used for business activities as opposed to private homeownership. Commercial property liability is a subset of premises liability and refers to who is at fault when someone injures themselves on a business’s premises. If you were injured while on business property, you should speak with Boca Raton commercial property premises liability lawyers for help on your case. The knowledgeable premises liability attorneys at Kogan & DiSalvo can review your case and help you fight for compensation for your injuries.
Requirements of Property Owners
Property owners owe a duty to business invitees to maintain their property in a reasonably safe condition, and to fix any dangerous conditions which they knew or should have known about. Business owners also have a duty to warn invitees of a dangerous condition about which they had or should have had knowledge greater than that of the invitee.
Defining a “reasonable” condition of a property is wholly dependent on the facts and circumstances surrounding the use of that property. For example, while it is certainly reasonable for an ice skating rink to be slick and a reasonable person might expect an ice skating rink to be slippery, the same cannot be said about the floor of a restaurant or shopping mall. Boca Raton commercial property premises liability attorneys could review a claimant’s case to identify if the business owner breached any of these obligations and, therefore, could be held negligent in court.
Statute of Limitations for Property Liability Cases
In Florida, the statute of limitations for commercial property liability is the same as for private property premises liability cases. Both types of cases are premised on proving negligence. With some exceptions, negligence has a two-year statute of limitations from the date of injury. The diligent lawyers at Kogan & DiSalvo can work with an injured victim on their case to ensure that these strict statutory deadlines are met and they are eligible to receive compensation.
If a person makes a demand to recover for a personal injury that occurred on a commercial property and that claim is rejected or denied, the person can either file a lawsuit within the statute of limitations or can choose to abandon their claim.
Liability in Commercial Property Liability Cases
Liability is not “assigned” in commercial property liability cases. Liability is apportioned between all defendants and sometimes plaintiffs by the jury under the doctrine of comparative negligence. Typical defendants in commercial premises liability cases may include the landowner, the tenant, or a contractor.
After a plaintiff files a lawsuit, they must have summonses issued and served on each defendant. In some cases, a process server cannot find a defendant to serve them, however, this is unlikely. All businesses that operate in Florida are required to designate a registered agent who must accept service of process on behalf of the defendant.
Cases Involving Large Corporations
When litigating a premises liability case against a corporation, the law entitles a plaintiff to take the deposition of a corporate representative of the company. The plaintiff can designate areas of inquiry that they plan to question this representative about. The company chooses one or more representatives of the company to answer the plaintiff’s questions, and those responses are binding on the company.
When dealing with a large corporation as opposed to a smaller company, it is possible to have more than one person designated as a corporate representative who can speak regarding all of the designated subjects. Dealing with a large corporation with multiple department heads might make litigation more onerous and time-consuming than dealing with a smaller company. As a result, it is imperative to speak with commercial property liability lawyers in Boca Raton because they have the skills to deal with more complex cases.
Hire a Boca Raton Commercial Property Premises Liability Attorney
If you experience an injury while on business property, it can become overwhelming trying to handle a lawsuit while also attempting to recover. Luckily, you do not have to go through this process alone. Seasoned Boca Raton commercial property premises liability lawyers could review your case to determine which course of legal action is best to take depending on the specifics of your case. Contact the attorneys at Kogan & DiSalvo to get started on your case today.