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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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Brenda Gibbons
My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.
Ivelisse Torres
Amazing!!! Thank you. Thank you for making this process so easy. Thank you for making me feel comfortable. I would recommend you guys to anyone in need!
Brianna Cataudella
Great experience
Karlee Currin
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!
Lachina Mcdaniel
10 out of 10 will always recommend
Monique Wilkerson
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!!
Luisa
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
Caitlin Voss
After an accident, the last thing you need to worry about is an attorney that doesn’t do his job. Well, I guarantee you will not find that here at this law firm!
Kogan & DiSalvo Personal Injury Lawyers is a law firm with morals and values. They give each and every single one of their clients, their FULL attention and dedication. They bring the fight to the insurance companies and negligent party/ies, never backing down, all the while keeping you updated every step of the way, and ensure you are recovering and healing properly from any injuries sustained. They will fight on your behalf to get you every single dollar you deserve. I seriously cannot recommend them enough
Blake Harper
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
Charles Lee
Skilled, reliable, and quick to get things done. Truly impressed and would recommend them to anyone!
heather
Im getting paid to give 5 stars they wouldn’t pay me because i put the truth
Rizza Black
The best law firm you will ever work with. Excellent communication and professionalism, they ensure you are always updated throughout the process. Very personable and show your not just another number and check to them.
McDonough
great service thanks
Phillip Pond
Great service, highly skilled and knowledgeable, very professional and good at what they do.
david eddinger
Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.
Eric B
I had a great experience working with Dan and Lauren. They were extremely professional, courteous, and always responsive—no matter how many times I called, they took the time to answer my questions and provide clarity. Their dedication and professionalism truly stood out. I highly recommend them—a great team you can trust.
Alisa Grant
I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
matthew crampton
A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.
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