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Fort Lauderdale Premises Liability Lawyer

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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.

Florida Premises Liability Law

An empty courtroom facing the judge's bench

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.

Legal Status

Open sign on the front of door of a business

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.

  • Public invitee: People entering a place that is open to the public for a specific purpose, such as stores, sporting stadiums, concerts, and parks
  • Business invitee: People hired by the property owner to perform work or conduct other business on the property
  • Licensee by invitation: Guests in homes for socialization
  • Uninvited licensee: People who visit a property uninvited for their own convenience
  • Trespasser: People who come onto the property without the owner’s permission for their own reasons

Burden of Proof

Female defense attorney in courtroom presenting a case

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.

Attractive Nuisance Doctrine

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.

Statute of Limitations for Premises Liability Cases

Close-up of an hourglass, pen, and magnifying glass on top of a legal document

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.

Role of an Attorney

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

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: 960 |

Average rating: 4.9

5

One of the best firms I’ve ever had the pleasure to work with.

5

The entire team did a great job with follow up and results. Special thanks to Tiffany!

5

I had to dismiss my prior attorney do to unprofessionalism, lack of follow up & inexperience. I decided to go with Ted DiSalvo with the Law Partnership of Kogan & DiSalvo. What a complete 180° difference! Not only is Ted highly experienced, but his Team is AMAZING! Everyone is super professional & caring!… THEY KNOW WHAT THEY’RE DOING! The best part is the follow-up and guidance! It’s a huge relief knowing your part of a team that truly cares about YOU and your individual situation.

Thanks Kogan & DiSalvo
GW🦈
⭐⭐⭐⭐⭐⭐⭐⭐⭐⭐ – 10 Stars!

5

(Translated by Google) I recommend this firm, lawyers helped me throughout the entire process of my accident and always thought about my well-being. Totally satisfied and grateful with the service.

(Original)
Recomiendo esta firma abogados me ayudaron en todo el proceso de mi accidente y siempre pensaron en mi bienestar. Totalmente satisfecha y agradecida con el servicio.

5

(Translated by Google) Excellent company I recommend them 100 percent

(Original)
Excelente compañía los recomiendo 100 por ciento

5

I’m glad that I used Kogan And Desalvo. They truly made me feel like I was family. Very easy to talk to you about anything you needed help with. I especially thank Jay London, esq and Samantha Juerakhan The paralegal to Jay London, and his amazing team. They made this very easy and fast. Love these guys and ladies. 5 star team all the way🥳🥳🥳💚

5

It took a while, but the results were well worth the wait. My attorney J London was excellent. And his associate Gisseiie, they were the best

5

Very nice people so professional and they keep you posted of how your case is going.

5

Jay is amazing! Took my horrible experience and made sure my health and well being came first!

5

Mr. Kogan is an excellent Lawyer , he surpassed my expectations. I highly recomend him . Thank you again.

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.

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