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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: 949 |

Average rating: 4.9

5

I can’t thank Kogan & DiSalvo enough for their help after my accident. From day one, they were incredibly supportive, guiding me through the entire process with care and expertise. I never imagined my case would be worth as much as it turned out to be, and that’s thanks to their hard work and dedication. They kept me informed every step of the way and made sure I understood all my options. If you’re looking for attorneys who truly go above and beyond, I highly recommend Kogan & DiSalvo!

5

Great law firm, takes care if all your needs, gights gor you
Thank you

5

Jay and Jennifer were very responsive to my calls. When I had questions, they provided clear answers. They thoroughly explained the settlement process to me and kept me informed every step of the way.

5

Samantha, embodies what customer service should be like. So friendly, down to earth, caring, resourceful, knowledgeable, and goes the extra mile .

If I’m ever in another accident or know someone that’s been in an accident, I will definitely be referring Kogan & DiSalvo (Samantha and Paul).

Samantha thank you for all of your hard work and dedication to get me and my husband to a successful resolution.

Thank You Again,
Iris

5

My case with Kogan and DiSalvo, was handled with the utmost seriousness and respect. Mr. George Bakalar, who lead my case from the beginning, along with Miss. Macy and Miss. Victoria were all outstanding individuals. They were able to resolve my case inline with all parameters discussed in my initial interview. More than expected they were personal and listened to all my concerns. I would definitely recommend them to anyone! Have a great day and Enjoy!

5

Paul Silvestri and his team were great! They took care of everything and made the process stress free. Very pleased with my settlement. I highly recommend Paul Silvestri at Kogan & DiSalvo!

5

Jennifer was helpful, answered all of my questions and made the process simple.

5

I am very please on the outcome of my case with Kogan & DiSalvo. It took a while but the results are worth the wait. I want to also thank Amanda who did an outstanding job on my settlement with the crew.

5

Selecting an attorney is hard. I briefly worked with the “largest firm” and that was a complete mistake. Paul Silvestri of Kogan and DiSalvo immediately built confidence that I was with the “best” firm. He is strategic, smart, listens, takes times to evaluate facts, follows up, is very responsive, and makes you feel like you have a partner during a tough time. The firm has great technology, great support through the app. Christina B is very responsive when other firms never reply!!! Great experience, great firm, don’t go anywhere else!

5

A big truck sideswiped my car. I had two surgeries due to the accident. I had surgery on my neck and back. I would like to thank Jay London and Christina Bejarano for everything they did for me and my case. Jay and Christina provided outstanding service. They did a great job explaining each step along the way. I highly recommend Jay and Christina; they did a wonderful job.

5

I got the help I needed,I had a very nice attorney name Kayla,she was so nice and very understanding and helped me through the whole process

5

They helped me the best they could,I’m happy with the outcome

5

Samantha Vola handled my personal injury case with care and made sure I was informed what was going on in the whole process. I was very happy with the results.

5

They were the best at handling my car accident case. Samantha Juerakhan was on point with everything. She kept me updated frequently & fought hard when my insurance was giving them a hard time. 100% will be recommending Samantha to anyone I know.

5

I had the pleasure of working with Kogan & DiSalvo after being involved in an accident, and I couldn’t be more satisfied with their services. From the start, they were incredibly professional and made sure to communicate with me every step of the way. They took the time to explain the process, answer all my questions, and keep me informed about the progress of my case.

Their dedication and attention to detail were evident throughout the entire experience, and I felt confident knowing they were handling my case. In the end, I was very pleased with the outcome and the way everything was handled. I would highly recommend Kogan & DiSalvo to anyone in need of a personal injury attorney. They truly go above and beyond for their clients.

5

Jay London and Amanda Hudson were an amazing help when faced with a hard time after an incident. They are caring and will fight to help make things right. They are always available if you have any comments, questions or complaints during your case. They also help explain the nitry gritty parts of law/legal that the average person gets to be ignorant too. Such helpful people!

5

I have to say my experience with Kogan & DiSalvo has been absolutely Great. Amanda Hudson worked with me as if I was her father
with total commitment to help me.
I recommend Kogan & DiSalvo to anyone that needs an exceptional hard working law firm.

5

Nothing but the best from Kogan and Disalvo. I wouldn’t go anywhere else for a case. Brian and Ludmia were extremely helpful. They explained everything about the case from start to finish. I felt comfortable to call them at any time if I had any questions or concerns. Once the case settled they worked on getting me my money quick. Thanks to everyone there at Kogan and Disalvo, I’m happy to have them as my attorneys!!

5

Thanks to the Folks at Kogan and DiSalvo for the hard work with my injury case. From the first day they took the case all the way to very end , they were professional, courteous and caring. Sam, Tiffany, Rachel and the entire office staff went the extra mile to help me through this very trying time to get the best settlement possible.
Sincerely Appreciate All You
Mike Morakis

5

After my wife and I were involved in a car crash we called K&D to help find the other driver who gave false information. They found the person and started the legal process immediately. The entire team (from intake person to paralegal and attorney) was amazing to work with. I had no idea what to do in our situation, but Paul allowed us to relax while they did all the heavy lifting. He and Christina did an amazing job returning my calls and emails for updates and feedback. I have absolutely no doubt that without the help of this team of professionals I would been stuck with an auto body repair bill and no compensation for our injuries.

Thank you for being there for us K&D! Paul…I can’t even begin to thank you for your help.

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