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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: 1226 | Average rating: 4.9

5

They were kind and knowledgeable. They worked diligently on my case and obtained a fair settlement for me.

5

I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made

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

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

I had the pleasure of working with Amanda Hudson and found her to be exceptionally professional, knowledgeable, and efficient. Her attention to detail, clear communication, and thorough understanding of personal injury law greatly contributed to a smooth and well-managed process. I highly recommend her for any legal support needs.

4

I received great advice and service from Kogan & DiSalvo. Jessica S really helped me navigate through the process. Thank you!

5

Kogan and Disalvo took care of me from start to finish. I am grateful for how well they handled my case! Thank you, Kogan and Disalvo!

5

So grateful for the team at Kogan & DiSalvo, especially Amanda Hudson. I was a bit overwhelmed by the thought of getting legal assistance, but Amanda was thorough, clear, and super easy to work with. Thank you!

5

Kogan and Disalvo are the only choice in town if you are ever in need of an injury attorney! I gurantee they will be the best lawyers you will ever work with!!

5

From the first interaction with Kogan & DiSalvo, you will know without a doubt that you are in the best, and most capable hands possible. The attorneys and legal team here are very attentive, professional, and results-driven with a passion for getting their clients the compensation they deserve. They show that no insurance company is too big for them to take on and they fight for what is right. Their determination and aggressive approach to fighting on behalf of injured victims is what truly sets them apart from the other attorneys in the area. I recommend them wholeheartedly 5/5

5

I had a car accident in September 2024 where my back and neck were severely injured. I immediately called Kogan and DiSalvo after my accident and they got to work on my behalf right away. I was able to treat with wonderful providers who were kind and compassionate. A settlement was reached for much more than anticipated. Amanda (paralegal) and Rachel (attorney) were wonderful throughout the process. They kept me updated every step of the way and were extremely response and proactive in resolving the matter. I would recommend Kogan and DiSalvo to anyone who has been injured in an accident and needs medical treatment thereafter.

5

I had the best experience with Kogan & DiSalvo representing me in my Personal Injury Case. My attorney Brian Andino and his knowledgeable staff: Ludmia, Mia, Perri, Angelique and Dominique are outstanding. They stayed in touch with me, kept me informed step by step throughout the entire process, until my case was finalized. My questions were always answered and I was treated with dignity, respect and kindness. I personally recommend this team if you want to have skilled, excellent representation from start to finish. Integrity is key with this firm. Alison Scheef

5

My team was amazing and very informative EVERYTIME I reached out the contacted me back In a timely manner I was very pleased with the service

5

Brian is very professional, 1 of 1, He defends his clients like no other, And gives you honesty and transparency through the whole process.

5

I want to thank Brian M.Andino and his associates for working so hard on my case for the past six months. This was a two year long process and he brought it to a successful conclusion!!

5

Outstanding Legal Representation – Highly Recommend Kogan & DiSalvo!

I cannot say enough great things about Kogan & DiSalvo Personal Injury Lawyers! From the very beginning, their team was professional, compassionate, and incredibly knowledgeable. They guided me through every step of my case, always keeping me informed and making me feel confident that I was in the best hands.

Their attention to detail and dedication to their clients are truly unmatched. They fought tirelessly to ensure I received the compensation I deserved, and the outcome exceeded my expectations. What sets them apart is their genuine care for their clients—they treat you like family, not just another case.

If you’re looking for a personal injury law firm that is skilled, trustworthy, and committed to getting results, I highly recommend Kogan & DiSalvo. They are simply the best!

5

I wish they had a 10 star review options. The professionalism and client relationship was amazing. Jenn would inform me of every step of my case as well as answer questions I may have. My lawyer Jay could frequently call with updates as well. Jenn and Jay made this process so smooth. I highly recommend this group for your lawyer needs.

5

Jay did a fantastic job and got me more money than expected.

5

Great experience, everyone so kind and helpful

5

Jay and Gisselle were very courteous and professional. They handled our case in a timely manner and was successfully handled with our situation. I highly recommend them.

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