West Palm Beach Premises Liability Attorneys

Common Premises Liability Injuries We Handle

Our West Palm Beach premises liability attorneys have experience representing clients who suffer from a wide range of injuries, including:

• Brain injuries
• Spinal cord injuries and paralysis
• Broken bones and fractures
• Soft tissue injuries
• Severe lacerations and scarring
• Burns
• Emotional trauma
• Wrongful deaths

No matter the severity of your injuries, we're committed to helping you get the compensation you need to recover.

Types of Compensation You Can Recover in a Premises Liability Case

As a victim of a premises liability accident, you may be entitled to various types of compensation, including:

• Medical expenses: This includes emergency room visits, surgeries, hospital stays, medications, physical therapy, and any future medical care related to the incident. 
• Lost wages and loss of earning capacity: You can recover wages lost due to your injury, including time missed for medical appointments. 
• Pain and suffering: This compensates you for the physical pain and discomfort you've experienced due to the injury. 
• Emotional distress: You may be compensated for any anxiety, depression, PTSD, or other trauma resulting from the accident.
• Loss of enjoyment of life: If you can no longer engage in activities or relationships you once enjoyed, you may be entitled to compensation for this loss of quality of life.
• Property damage: If any of your personal property was damaged in the accident, you can seek compensation for the cost of repair or replacement.

At South Florida Justice, we understand the full impact these accidents can have on your life, and we're committed to securing maximum compensation for all your losses.

Potentially Responsible Parties in Premises Liability Claims

Depending on the circumstances of your accident, potential defendants may include:

• Property owners: Homeowners, business owners, or corporate entities with a duty to maintain safe conditions.
• Tenants or lessees: Occupiers with a responsibility to keep their rented space safe for guests.
• Property management companies: Third parties managing the property on behalf of owners.
• Government entities: For accidents on public property, subject to special rules and deadlines.
• Homeowners associations: Responsible for maintaining common areas in residential communities.
• Contractors or subcontractors: If the accident was caused by ongoing work or maintenance.
• Product manufacturers: When defective products contribute to the accident.
• Security companies: In cases involving inadequate security.
• Event organizers: For accidents occurring during special events.

Sometimes, multiple parties may share liability for an incident, requiring a thorough investigation to identify all responsible entities. At South Florida Justice, our West Palm Beach premises liability attorneys will carefully analyze your case to identify all liable parties and pursue all available avenues for compensation.

Florida Premises Liability Laws You Should Know

Several areas of Florida law govern premises liability claims, including:

Statute of Limitations

Under Florida Statute § 95.11(3)(a), you generally have four years from the date of the accident to file a premises liability lawsuit. However, if the incident resulted in a death, the statute of limitations is two years from the date of death. It's crucial to start the legal process as soon as possible to preserve evidence and build a strong case.

Duty of Care

Florida law recognizes different levels of duty owed to visitors based on their status:

• Invitees: Including guests like customers, invitees are typically afforded the highest duty of care. Property owners must maintain their property in a reasonably safe condition and warn of known dangers.
• Licensees: Including houseguests, licensees are usually afforded a moderate duty of care. Owners must warn of known dangers that are not obvious.
• Trespassers: Trespassers are owed a minimal duty of care. However, owners must refrain from willful or wanton injury to trespassers.

Depending on your status when you were injured, you may have been owed a specific duty of care under Florida law.

Attractive Nuisance Doctrine

Florida Statute § 823.08 holds property owners liable for injuries to children caused by “attractive nuisances.” These are hazardous objects that are likely to attract children, such as containers large enough to fit a child.

Comparative Negligence

Under Florida’s comparative negligence rule, you can still recover damages even if you were partially at fault for the incident that caused your injuries. However, your compensation would be reduced by your percentage of fault.

Notice Requirement

To prove liability, you generally must show that the property owner knew or should have known about the dangerous condition. This can be established through actual notice, which is direct evidence the owner knew of the hazard, or constructive notice, which is circumstantial evidence suggesting the hazard existed long enough that the owner should have discovered it.

Transitory Foreign Substances

For slip and fall cases involving transitory foreign substances (objects that are where they don’t belong) in business establishments, Florida Statute § 768.0755 requires the injured person to prove that the business had actual or constructive knowledge of the dangerous condition.