The law requires landowners to maintain their property in a way that will minimize the hazards to innocent people. To win damages in a premises liability case, an injured person must show that the premises owners were negligent in how they maintained their property.
The question often comes down to how foreseeable the accident was. Would a typical premises owner have foreseen that the condition of the property could cause this kind of injury?
If you or a loved one was injured while on someone else’s premises, you should talk to an experienced West Palm Beach premises liability attorney as soon as you can so that you can get the compensation you deserve. An experienced West Palm Beach injury lawyer can help in building a strong claim and ensuring the injured party knows what to expect at every step.
Some of the typical physical hazards that cause injury in these types of cases are:
- Uneven sidewalks
- Poorly lit hallways or other common areas
- Construction areas without fencing or warning signs
- Defective stairwells or banisters
- Inadequate locks that allow intruders to gain entry
- Faulty wiring and other fire hazards
- Failure to shovel snow or warn about wet floors
If someone lives in an apartment complex or another type of multi-unit dwelling, the owners of the premises have a duty to provide a habitable, safe environment. If they have breached that duty, the injured party can recover damages with the help of a premises liability lawyer in West Palm Beach.
Types of Injuries
Some of the injuries a person can suffer include:
- Brain injuries
- Spinal cord damage
- Broken or otherwise injured limbs
- Post-traumatic stress disorder
The medical bills related to a serious personal injury can be devastating. If the injured party was the breadwinner for a family, then the entire family could face a reduced quality of life.
The damages that can be obtained include economic damages (medical expenses, lost income), non-economic (emotional distress), and punitive (meant to punish egregious conduct by the defendant). Such damages can help to be effectively recovered using a West Palm Beach premises liability attorney.
Standard of Care
In other types of cases, courts will look at why the victim was on the defendant’s premises. There are several different classifications of persons in these types of cases, such as:
- Social guests
Invitees and social guests are usually found to be deserving of the highest standard of care, since in both cases the premises owners specifically asked them to come onto the property.
For example, if the premises were part of a “public accommodation” where members of the public are specifically invited in – such as a store or a restaurant – then the courts will hold the owners to a high standard of care.
Licensees are people who have permission to be on the property, but who visit for their own purposes or amusement, rather than for business. Trespassers have been found to be deserving of almost no care, although even they are protected against willful injury.
Florida is one of the many states that uses a comparative negligence standard. This means that whatever percentage amount the injured party was determined to be negligent, their recovery will be reduced by that amount. An individual can best understand this element by talking with a knowledgeable West Palm Beach premises liability attorney.
Contacting an Attorney
An experienced West Palm Beach premises liability attorney will have a strong track record of holding landowners accountable when they fail to remedy the hazards on their property.
In most personal injury cases in Florida, the injured person has two years from the date of the accident to file a claim. Gathering the evidence that is needed for a successful claim must happen as soon after the accident as possible.
You should not wait another day before getting your claim evaluated by a premises liability lawyer who is ready and able to fight for you. Contact Kogan & DiSalvo today.