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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

A man repairing damaged ceiling panels

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

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

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

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

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

No trespassing private property sign on a fence

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

View from a pool above the water level

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

The attorneys at Kogan & DiSalvo in front of their office building

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: 1037 |

Average rating: 4.9

5

Kogan & DiSavo did an excellent job in handing my personal injury case. I found their staff to be caring and knowledgeable and would definitely recommend

5

Outstanding Legal Services by Todd L. Baker, Esq., and Team

I had the pleasure of working with Todd L. Baker, Esq., and his exceptional team, including Debra Tejada and Leslie Hernandez, and I cannot recommend them highly enough. From the very first consultation, Todd’s professionalism, deep legal expertise, and attention to detail were evident.

Debra Tejada, Todd’s assistant, was incredibly organized and always kept me informed throughout the process. Her communication skills and efficiency made a potentially stressful situation much easier to navigate.

Leslie Hernandez also stood out with her friendly demeanor and ability to handle complex tasks seamlessly. Her support and dedication were invaluable.

Together, they make a wonderful team, going above and beyond to ensure the best possible outcome for my case. If you’re looking for a lawyer who truly cares about their clients and a team that delivers top-notch service, Todd L. Baker, Esq., and his staff are the way to go.

5

My husband slipped and fell in a store due to a leaky ceiling. He immediately called Kogan & DiSalvo. He spoke to someone right away and they were on his case. He went to the doctor that they provided and was diagnosed. The attention that he received from the staff and lawyers was just amazing. All of his questions were answered, and we had complete satisfaction with the way this case was handled even though it was a very small case. We appreciate everything that was done for him, and I would definitely recommend Kogan & DiSalvo for anyone that has had a slip or fall. Thank you again!

5

Great Professional Team!

5

The number one injury attorneys in Florida!!
In September of 2024 , I was in an accident and hired a well known attorney in the state to which refused to return my calls and was very disappointed which ended in their representation of myself!
I then hired Kogan and DiSalvo,, and was VERY satisfied with them!
They returned EVERY call and answered my questions and concerns… to which ended in a settlement in 4 weeks!!
I would recommend Kogan and DiSalvo to those frustrated with misleading information… they are on top of their game!!
Thank you… Paul and team.
Joseph Z.

5

After my accident, Gisselle and Jay helped me immensely. They took care of everything I needed and were incredibly responsive to my questions and concerns. I feel incredibly well taken care of and cannot recommend them enough!! Thank you Jay and Gisselle for your hard work and effort with my case! 🙂

5

The best lawyers that I ever had to deal with they were right on point. They got their job done quick and fast. I didn’t have to wait that long and they got more than what I expected to get. They are good lawyers. They are very good lawyers. I would use them and I will recommend them to anybody

5

Tiffany, Maria and Michelle were easy to work with, knowledgeable and kind. It was a long process but I was kept informed along the way. Thank you for getting me what I deserved.

5

I was injured in a bicycle accident with an automobile in which I accumulated thousands of dollars in medical bills. I contacted Kogan & DiSalvo to see how to handle these bills, they explained the whole process and that I wouldn’t have to pay them any upfront money. I was assigned an attorney and a paralegal who explained every step of the process as it progressed. I dealt with Amanda who answered every question I had and I had a lot of them. They got all of my bills paid.I received payment for a new bicycle as well as a settlement from the accident. I would highly recommend this firm to anyone in need of help.Lastly I would like to thank Amanda who was super helpful throughout this case.

5

They were absolutely phenomenal!

5

I am so happy I chose to come to Kogan & Disalvo they welcome me in like family when you go in ask for Jay London and Jess the best they keep me informed on everything excellent service I thank y’all so much keep up the amazing work.

5

I was injured while shopping at the largest corporate stores in the US. Numerous attorneys at Kogan and DiSalvo helped settle my case with a positive outcome. They set a new standard for case review of unusual elements involving the injuries I sustain ed. After continual delays by the defendants,Tiffani held fast and resolved the issues through mediation. Kogan and DiSalvo came highly recommended by friends in the business. I would also like to recommend this group for your litigation needs.

5

We were very impressed with the way Rachel and her team handled my mother’s case. They were not only very detailed and professional, but were always available to answer questions and concerns.

5

I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you.

If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.

5

From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.

Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.

Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..

5

My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.

5

Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!

5

Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.

5

I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏

5

Really nice and friendly people to work with

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