Connect with us!
Connect with us!
Table of Contents
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.
Total reviews: 1126 |
Average rating: 4.9
Natalia Rose
Jennie Roberts
Dan & Lauren were amazing to work with! Very efficient and always there to answer any questions. Thanks for everything
Randy Soto
Brian is very professional, 1 of 1, He defends his clients like no other, And gives you honesty and transparency through the whole process.
Barbara Penezick
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!!
Auggie Azevedo
Great people that work
for you
Janhoi Phillips
The best service I ever had from a professional Law group. They answer back right away for every question asked and fight for your case from beginning to end. Thank you for all your hard work and dedication to my case.
Samantha Roza
Jay is a wonderful Attorney. Always answered my questions and went above and beyond. I would always recommend Kogan and DiSalvo to anyone in the future
Maureen Weir
My experience overall was great 👍 have a problem call Kogan & Disalvo period
Rodney Moore
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
P Fontenay
I am so so grateful for the team at this office. They made things go smoothly and saved me a lot of headache dealing with the insurance and bills that came with my injury. I was really surprised with the amount of money I received. I highly recommend Kogan and DiSalvo to anyone who needs a PI lawyer. Thank you very much for helping me
Major Disrespectful
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
kisha thompson
Kogan & Disalvo, the BEST lawyers and team in town!!
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.
Ricky Fulk
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
Jenny Schmied-Zyontz
Amanda and the rest of the team at Kogan and Disalvo are incredibly compassionate and they’re able to listen to what you truly need and are able to get results I couldn’t ask for a better Law Firm to represent me and my personal matter and recommend anybody else who needs someone for personal injury attorneys to definitely give them a call they are incredibly client focused and very driven to get results I couldn’t ask for a better experience
Dorothy Coxson
Wonderful people!! For sure will recommend to all my friends and family. Thank you!
Shamyra Bailey
Honest, dedicated, and go above and beyond for their clients.
Christina Lowe
It is such a relief to have injury lawyers like these here in West Palm Beach.I always know who I can rely on if I am ever injured.
Kevin Smith
Amazing attorney very responsive and friendly
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.
(561) 375-9500
Call