Premises Liability Lawyer
Premises liability is basically when you get injured on the property of another person. Whether you are walking on the sidewalk, in the grocery store, down the hospital stairs, or through a theme park, you could slip and fall – that’s premises liability. The owner of the premises is liable! It could happen anywhere. Slip and fall matters, also known as premises liability cases, are claims made by a party after sustaining an injury as a result of some negligent conduct of another.
At first glance, it may sound relatively straightforward. You slipped on some spilled liquid, fell, and got hurt at the grocery store. You believe the store should pay for your injury and medical care because they failed to mop up the liquid. Even in that fact scenario, there is a great deal of legal complexity in proving your case. An experienced premises liability lawyer can help you understand your rights and fight for you.
Premises Liability Claims Are Personal Injury Matters
Personal injury attorneys handle a number of different types of cases, including slip and fall claims. It is essential that you make an effort to research and find the right lawyer for you. Finding someone with specific expertise in premises liability matters is very important.
Again, slips and falls can occur anywhere. If you tripped on a wire and fell at a theme park, it would be beneficial to find an attorney who has experience with similar fact patterns and similar defendants.
When you file a lawsuit, your opposing party will do everything in their power to defend their case and put the fault on you. While this sounds intimidating, an experienced premises liability lawyer will put your mind at ease and help you obtain the results you deserve.
Experienced Florida Attorneys Will Gather Evidence Quickly
One of the biggest questions in premises liability cases is which party is at fault. You and your opposing party will try to place the blame on each other; however, it is rarely that simple. Securing evidence quickly can often make or break a case.
Documentary evidence, such as video footage of the incident, can cut through the he-said-she-said arguments. For example, grocery stores and convenience stores typically have internal surveillance and monitoring in place to prevent theft. If you fell on some spilled milk at the grocery store, securing that video footage is extremely important.
Sometimes, you can obtain that video yourself. Other times, the business owner may push back at your requests or, in some cases, tamper with the footage or erase it completely. A premises liability attorney will work to gather all the evidence you need to prove the fault of the other party conclusively. They will fight to obtain the evidence via correspondence, subpoena, or through other legal action.
Policies that May Cover Your Injuries
In Florida, premises liability cases may be covered by general liability insurance policies, which protect property owners from claims of bodily injury or property damage occurring on their premises. Additionally, homeowners or renters insurance can provide coverage for certain premises liability claims, such as slip-and-fall accidents or other injuries sustained by guests on the property.
A lot of people don’t want to file suit or go after the insurance if they know it is the policy of a friend or a restaurant or a location they like. But that’s what insurance is for! It’s a different story if you’re suing the person personally. But in most cases, it’s not.
Florida Courts Will Determine Fault
Establishing fault could also require securing witnesses, documents, and other evidence as quickly as possible. This process, known as discovery, may involve depositions of you, the other party, and witnesses to the slip and fall. The courts will examine all of this evidence obtained during discovery when determining fault.
Premises liability cases are negligence matters, and Florida uses something called comparative negligence. This means that the court will not only examine the other party’s potential negligent conduct, but they will also examine yours. If the court finds that you were negligent during the slip and fall, your potential damages could be reduced, or your claim could be precluded. For example, if the hazard was very obvious and avoidable, yet you pointedly approached it and slipped and fell, you will be found comparatively negligent in that case. Similarly, if you were somewhere you were not authorized to be (i.e., trespassing), your case may be barred.
Contact an Experienced Premises Liability Lawyer at Fighter Law Today
Whether you sustained a broken bone, concussion, or worse, it is important to act quickly if you think you have a viable premises liability claim. Evidence can disappear quickly, and it is often difficult to win your case based on your testimony alone. Experienced premises liability attorneys, like those at Fighter Law, can help you understand your rights, examine your case, and fight for you to get the compensation you deserve. Schedule a free consultation with Fighter Law via (407) 344-4837 or through the online contact form.