Property owners are required to keep their premises safe for guests and visitors. They need to make sure all repairs are done in a timely fashion. They also need to keep their buildings free of debris and dangerous conditions. If they don’t do this, people can get hurt. If this happens to you, call a Fort Lauderdale premises liability attorney.
Whether you’re visiting someone’s house or you’re a guest at a hotel, you have a right to be safe. This includes being safe from harm and being safe from dangerous elements. For example, hotel owners must make sure they have adequate security for their guests. If something happens to a guest, the property owner can get sued. This is where Fort Lauderdale premises liability lawyers come into play. If you get hurt on someone else’s property, you may be entitled to damages.
Some of the common premises liability scenarios involve the following:
- You fall down the stairs due to loose floorboards
- You get into a swimming pool accident at a hotel
- You slip and fall on the floor in a grocery store
- You suffer a dog bite while visiting your neighbor’s home
The bottom line is, if you get hurt while on someone else’s property, you have rights. Your attorney can protect these rights.
Most Florida premises liability cases involve negligence. This means your lawyer has to prove the following:
- The property owner owed you a duty of care
- He breached this duty
- You were injured
- Your injuries were caused by his breach
It’s not hard to prove that the defendant has a duty of care. Everyone who owns property needs to keep it safe. If they fail to do this, they’ve breached their duty.
Your Florida Premises Liability Lawyer Will Prove Causation
When you get hurt on someone’s property, you need to do a few things. First, seek medical attention immediately. You have no idea if you’re hurt or not. You also need to document your injuries. The next thing you need to do is call your attorney.
Your lawyer is going to have to show that there was something unsafe about the defendant’s property. He can do this using picture or eye witness statements. Depending on where you get hurt, you may have the chance to fill out an incident form. This form will contain a lot of helpful information.
Premises liability lawsuits may involve the following types of evidence:
- Expert testimony
- Records of the defendant’s maintenance records
- Proof of prior injuries at their property
- Your statement and that of eye witnesses
If you’re able to prove causation, you should be able to recover from the defendant and his insurance company.
What if the Insurance Company Denies Your Claim?
Don’t worry about having to file suit against your friend or neighbor. The first thing you’ll to get paid is file an insurance claim. This may be against someone’s home owner’s policy or a commercial liability policy. It doesn’t really matter. If your claim is paid – great. You’ll have your check in a week or two. If your claim is denied, it’s a whole other story.
Your Fort Lauderdale personal injury lawyer will help you file a claim against their insurance company.
There are several reasons why the insurance company could deny your claim, including:
- They believe the accident was your fault
- They don’t think you were injured
- They believe your injuries were caused some other way
- You have a history of filing these types of claims
If your claim is denied, your lawyer will try to negotiate an out of court settlement. If this doesn’t work, he’ll file a lawsuit on your behalf.
Your Attorney Will Sue All Responsible Parties
Most premises liability cases involve more than one defendant. This could include insurance companies, property owners and management companies. You do need to name all parties when you file your lawsuit. You can’t do this later on. Your suit will primarily be directed at the property owner’s insurance company. They have to defend the case on behalf of the defendant.
The other parties your attorney may name include:
- People who own or manage retail businesses
- Management companies
- State offices or municipalities
- Dog owners
What Damages Are You Entitled To?
When you get hurt while a guest on someone else’s property, you may have a claim for damages. It’s not fair for you to have to bear the costs of these injuries yourself. The defendant should have to compensate you for your injuries. An experienced premises liability lawyer in Fort Lauderdale will make sure you receive the following:
- Medical bills (current and future)
- Lost wages and earnings
- Property damage (if any)
- Pain and suffering
Now you understand why it’s so important to go to the hospital. You need to document your injuries. This may be the only way to prove you were hurt. If you have to file suit, you will absolutely need medical records to prove your injuries.
For pain and suffering, your lawyer has to prove that you suffered extraordinary mental and physical pain and anguish. If he can’t do this, you won’t receive pain and suffering damages.
Call and Schedule Your Free Consultation Today
If you’ve been injured in a premises liability case, you need to contact a Fort Lauderdale premises liability attorney. You can sit down with an experienced attorney and ask him any questions you may have. He’ll review your case and let you know what it may be worth. Call today and schedule your free consultation. This gives you a chance to have someone who knows the law explain how your case will progress. The consultation is free and you pay nothing until you win your case.