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Florida’s premises liability laws allows people who are injured or killed at homes, businesses, and public places to sue the property owners and governments to recover incurred losses.
The law applies to many circumstances, including slipping and falling, so the best recourse for those harmed on another’s property is to quickly contact a Fort Lauderdale premises liability lawyer for a free consultation without obligation. An experienced injury lawyer in Fort Lauderdale from Kogan & DiSalvo can determine if a valid case exists.
Under Florida law, liability rests with the property owner/manager if the owner knew about a hazard, did not correct it, or did not put others on notice of the hazard.
In Broward County, premises liability does not apply if the property owner did not know of the hazard and therefore could not foresee that someone could be injured.
Why the injured person was on the property determines if the injured party has the right to bring a case. Premises liability law establishes three general classifications, invited guests, licensees (meaning visitors), and trespassers. An experienced premises liability attorney in Fort Lauderdale can help an individual understand the specific circumstances surrounding an invited guest.
Those who are injured must prove by a preponderance of the evidence that they were authorized by the property owner to be on the property when the injury occurred and therefore the property owner had a duty to ensure their safety.
They must also prove that the property owner was liable for the injury by knowing or having constructive knowledge (knowing a fact) of the hazard and that failing to correct the hazard caused the injury and monetary damages resulted.
The property owner, however, does not have a duty to protect a trespasser from harm.
The exception is a known trespasser, such as school children who cross the property on the way to and from school. If the property owner knows about their shortcut, then liability exists.
Another exception is if the property has an attractive nuisance. For example, a homeowner is liable if the backyard gate is left open, exposing a swimming pool to the street, and a child sees the pool and trespasses to gain access to the pool and suffers harm.
Florida law requires premises liability cases be filed within two years of the event, including if the incident caused death. The statute of limitations must be met or the suing party will be forever barred from bringing legal action in the matter. A premises liability lawyer in Ft Lauderdale can help an individual with swiftly filing a claim.
Fort Lauderdale premises liability lawyers will conduct an independent investigation that includes reconstructing the event, taking photographs, making diagrams, and proving that the property owner knew or should have known about the hazard. These are accomplished by interviewing the property owner and witnesses under oath and gathering physical evidence supporting the claim.
Many civil cases are settled between the parties. A premises liability attorney in Fort Lauderdale will negotiate with the defendant’s insurance company to achieve a settlement that is fair and satisfactory to the client.
Fort Lauderdale injury lawyers often work on a contingency basis. If they do not prevail, no legal fees are charged. If the case succeeds, the lawyer takes the fee from the damages awarded.
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Lachina Mcdaniel
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
Taniyah Jackson
I highly recommend this group of lawyers they are amazing! All the staff are very professional and friendly. Thanks
Jennifer Bernier
If you trust Kogan and DiSalvo Personal Injury Lawyers for your case, you can be very confident in knowing they got your back! Their professionalism and commitment to your case is second to none!
Deborah Quevedo
Very polite and professional.
Joshua Keefe
Best personal injury attorney in Delray Beach!!
Regla Collazo
Very nice people so professional and they keep you posted of how your case is going.
Paul Cleary
Great firm
Dave Runte
Having to call and attorney can be very intimidating for someone. I made the right decision when I talked to a KOGAN AND DISALVO team member. Jennifer’s team completely put my mind at ease.
Emily Bouchard
Just knowing that Kogan and DiSalvo are always there to help and answer any questions has eased my mind. There is always someone there to answer your questions.
Josh Jarosz
The staff at Kogan and DiSalvo shows empty no matter what the situation is. I highly recommend them.
Troy Burkhardt
They are great attorneys, they truly care about people and helping people in the communities they are located in. Highly recommend
Brooklyn Langlois
Kogan & DiSalvo work hard for the injured!
Mindy Paskow
Thank you to all the Kogan and DiSalvo team. From our first meeting to my last I was greeted and represented with professionalism , kindness and understanding of my needs.
Debi McAvoy
The entire team handled my case professionally and with the utmost respect for my wishes. Mr. Kogan provided guidance and consultation when I had questions concerning the process of dealing with insurance, physicians and overall legal proceedings regarding my case. I would recommend this firm as they ensured that I was informed of every step along the way.
Karen Miranda
Mr. Kogan and his team made everything very easy to understand. This was the first time I have dealt with a situation such as this one, and I am pleased with their work. The staff is very professional and very prompt in returning my calls and emails. I know they did their best with my case! I will definitely be referring my family and friends to Kogan & DiSalvo for their personal injury needs.
Matthew Letts
All i can say is amazzzing i cant evening explain how great they are. Best in Florida they will go step by step in detail and get you what you deserve. A++++++++++. Thanks guys!!!!
Stephanie Winters
Mr. Logan and his team took on my very difficult case in 2016 after my not realizing a car accident I was in in 2015 had left me with 2 crushed discs in my neck, bone spurs and acute arthritis. My insurance company refused to reimburse my medical bills and the woman who hit me was under insured, so I thought surgery to fix my problem would never happen. By 2017, my left side was feeling numb daily and I had a shooting pain from the right side of my neck down my arm. As a consultant driving 1500 – 2000 miles per month was very difficult without taking almost a dozen ibuprofen daily.
Mr. Kogan and his team persistently and diligently pursued both insurance companies to ensure I was able to have the operation I needed and be able to recover comfortably without worry. Since the surgery, I have regained the feeling on my left side and eliminated the pain on my right. If you need help after suffering an injury, I highly recommend you call Mr. Kogan to help you.
Guisella Barron
Dedicated, knowledgeable, and compassionate attorneys. You will not regret hiring this firm to represent you. Highly recommend!
Ekaterina Porter
I was in a car accident and Mr. Kogan and his colleagues took immediate care as to see me through the hardships I had to face. If ever in need be sure to give them a call, you will find a caring and dedicated cast of professionals that are only interested in you receiving the most just and fare treatment. In the end they made a miserable situation a lot less and that is the best thing you can ask for.
My accident occurred in Jacksonville, and yet Kogan & DiSalvo were able to handle every aspect of my case from their offices in Boynton Beach. As one could imagine, I was overwhelmed initially with issues involving my injuries and property damage to my vehicle. I will be forever grateful for their excellent representation from day one to the end of my case. I highly recommend this firm.
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