When you enter any property, you have the right to a safe and hazard-free environment. However, the duty that public property owners owe to their visitors becomes a little more complex. As a result, if you are injured on public property, you should contact Boca Raton public property premises liability lawyers to help on your case. The seasoned premises liability attorneys at Kogan & DiSalvo could assess the viability of your case and help you pursue compensation for your injuries.
Proprietors who open their property to the public have the same requirements and duties as private property owners, with one major exception. Florida’s recreational use statute, or Florida Statute 375.251 limits the liability of any landowner who makes their property available for public use without charge, even if dangerous conditions or the actions of a third-party injure someone on their property. This statute establishes that the property owner does not have a duty to keep their premises safe for entry or use or to warn visitors about any hazardous conditions on their property. An owner or lessee who provides the public with a space for outdoor recreational purposes is presumed not to extend the assurance that their property is safe.
It is important to note that the recreational use statute contains two main exceptions through which an injured visitor may hold a proprietor of a public space liable for injuries. First, if the property owner has a contract with the state to provide use of their property to the public, the state may agree to accept liability for any injuries that take place. The second exception is if the proprietor receives any economic benefit from the public use, even if the owner does not charge admission, an injured visitor may sue them for damages. For example, if a property owner does not charge admission but sells food, drinks, or souvenirs on the property, then the recreational use statute may not protect the owner from civil lawsuits.
Also, if the property is used primarily for hunting, fishing, or wildlife viewing, the property owner must provide written notice of this Florida Statutory provision to all persons entering the area or face liability in the event of an injury on their property. If someone experiences an injury while on public property, they should reach out to Boca Raton public property premises liability attorneys because the laws surrounding these types of properties can be complex and difficult to understand without legal counsel.
To file a lawsuit and recover for damages caused by the government’s negligence, a plaintiff must first put the governmental entity on notice of their claim. The plaintiff has three years from the date of their injury to put the government entity on notice, with some exceptions. Once the plaintiff provides formal notice of their claim, they are free to file a lawsuit against the government so long as six months have passed or the entity has formally denied their claim. A dedicated public property premises liability lawyer in Boca Raton can help with filing a claim in time.
A person can recover economic damages in a property liability case, for lost wages, medical expenses, and future medical expenses. They may also recover non-economic damages such as past and future pain and suffering and future pain and suffering. Factors that may prevent someone from being able to seek out damages include comparative negligence where the injured person is partially at fault for their injuries and sovereign immunity which limits the total monetary damages that the state has to pay. Boca Raton lawyers who are familiar with public property premises liability cases can help an injured plaintiff work through these obstacles and work to ensure that they receive fair compensation for their injuries.
If you were injured on public property, the skilled legal professionals at Kogan & DiSalvo could help you navigate the complex legal process. Boca Raton public property premises liability lawyers could free you of any legal burdens you may be facing because they understand the difficulties and nuances that typically appear in these types of cases. As a result, you are left to focus on recovery for your injuries. To get started on your case, contact our office and schedule a free case consultation.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.