Bradenton Premises Liability Lawyers
Bradenton Premises Liability Attorneys
When you are injured on someone else’s property due to unsafe conditions, the impact on your life can be significant. Premises liability law exists to hold property owners accountable when their negligence causes harm. The Bradenton premises liability lawyers at Lesser, Landy, Smith & Siegel, PLLC are dedicated to helping victims secure the compensation they need to recover and move forward. Contact us today at (941) 227-4677 for a free consultation.
Understanding Premises Liability
Premises liability refers to the responsibility that property owners and occupiers have to maintain safe conditions for visitors. When they fail to do so, and someone is injured as a result, they may be held liable for damages. This area of law takes in a wide range of incidents, from slip and falls to assaults due to inadequate security. Handling a premises liability case requires a thorough understanding of both the facts and the law, and each case is unique.
Common Causes of Premises Liability Injuries
Injuries on another person’s property can result from a variety of dangerous conditions. Understanding the specific cause of your injury is critical to building a strong case:
- Wet or Uneven Floors: Slippery surfaces caused by spills, leaks, or inadequate maintenance often lead to slip-and-fall accidents. For example, a spill in a grocery store that is not promptly cleaned up can cause a shopper to slip and suffer a serious injury. These accidents can lead to injuries such as fractures, sprains, and head trauma.
- Inadequate Lighting: Poor lighting, particularly in areas like parking lots or stairwells, can increase the risk of accidents and criminal activities. For instance, insufficient lighting in a parking garage can make it difficult to see obstacles, leading to trips and falls. Additionally, dimly lit areas can make visitors more vulnerable to muggings or other criminal acts.
- Faulty Stairs or Handrails: Stairs that are not properly maintained, or handrails that are loose or broken, can lead to dangerous falls. For example, if a handrail gives way while someone is descending a staircase, the result could be severe injuries such as broken bones or head injuries.
- Negligent Security: Property owners are responsible for providing adequate security, especially in areas known for criminal activity. This could include functioning locks, security cameras, or even security personnel. If these things are not in place, and someone is assaulted or otherwise harmed, the property owner may be liable for failing to protect their visitors.
- Hazardous Walkways: Debris, ice, or poorly maintained pathways can create tripping hazards. For example, a sidewalk that is cracked and uneven can cause someone to trip and fall, leading to significant injuries or even death.
Our lawyers will construct a strong case using detailed information about what caused the accident, directly linking the property owner’s negligence to your injuries. This careful preparation is key to securing the compensation you deserve.
Establishing Liability in Premises Accidents
Proving liability in a premises liability case requires showing that the property owner knew, or should have known, about the dangerous condition and failed to take steps to fix it. Here’s how we approach this:
- Documenting the Condition: Immediately following an accident, it’s important to document the hazardous condition that caused the injury. Photographs or videos of the scene can provide clear evidence of the unsafe conditions. For example, taking pictures of a wet floor without warning signs.
- Witness Statements: Witnesses can offer valuable testimony about the condition of the property and the events leading up to the accident. If someone saw you slip on an unmarked wet floor or trip over debris, their statement can help establish the property owner’s negligence.
- Medical Records: Comprehensive medical documentation is essential to prove the extent of the injuries sustained in the accident. These records not only support your claim for damages but also help establish a timeline that links the injuries to the accident.
- Incident Reports: If you reported the accident to the property owner or law enforcement, these reports can serve as important evidence. An incident report provides an official account of the accident and can help corroborate your version of events.
Florida’s Statute of Limitations for Premises Liability
Florida law sets strict deadlines for filing premises liability claims. Generally, you have two years from the date of the injury to file a claim. However, waiting too long can jeopardize the availability of evidence, such as security footage or eyewitness memories, which may degrade over time. Acting quickly allows your attorney to gather and preserve critical evidence to support your case.
Types of Compensation in Premises Liability Cases
Victims of premises liability accidents may be entitled to various forms of compensation, depending on the nature and extent of their injuries:
- Medical Expenses: This includes all costs related to the treatment of your injuries, from emergency care and surgeries to rehabilitation and ongoing medical needs. For instance, if you suffered a broken leg in a fall, compensation would cover the cost of your surgery, hospital stay, physical therapy, and any necessary medical equipment.
- Lost Income: If your injury has caused you to miss work, you may be entitled to compensation for lost wages. Additionally, if your injury affects your ability to earn in the future, you may be entitled to compensation for lost earning capacity. For example, if you are unable to return to your previous job due to a permanent injury, this loss would be factored into your compensation.
- Pain and Suffering: Beyond the financial impact, premises liability injuries often cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to address these non-economic damages. For instance, if you experience chronic pain or anxiety as a result of your injury, these impacts would be considered in your claim.
- Property Damage: If any of your personal property was damaged during the accident, such as clothing, electronic devices, or eyewear, you may be entitled to compensation for repair or replacement costs.
What to Expect During Your Consultation
Your initial consultation with our premises liability attorneys is an important step in determining how to proceed with your case. During this meeting, we will:
- Review the Incident: We will discuss the details of your accident, including how it happened, what injuries you sustained, and any evidence you have collected.
- Evaluate Legal Options: Based on the information provided, we will assess the viability of your claim and explain the options available to you. This includes discussing the types of compensation you may be entitled to and the potential challenges your case may face.
- Discuss Next Steps: We will outline the steps we will take to build your case, including gathering additional evidence, filing the necessary paperwork, and negotiating with insurance companies. We will also answer any questions you have about the process, so you know what to expect as your case moves forward.
Protecting Your Rights After a Premises Liability Accident
Taking the right steps immediately after an accident can significantly impact the outcome of your case:
- Document Everything: Keeping detailed records of your injuries, medical treatments, and any interactions with property owners or insurance companies can serve as key evidence in your case.
- Limit Communication: Avoid discussing the details of your case with insurance adjusters or property owners without legal counsel. Any statements you make could be used against you. Our attorneys will handle all communications on your behalf to protect your rights.
- Seek Immediate Medical Attention: Even if your injuries seem minor, it’s important to seek medical attention right away. Prompt medical care not only aids in your recovery but also provides documentation that links your injuries to the accident.
Contact Lesser, Landy, Smith & Siegel for a Free Consultation
If you’ve been injured on someone else’s property, don’t wait to seek legal help. Contact our Bradenton office at (941) 227-4677 for a free consultation. Our experienced premises liability lawyers will provide the comprehensive support you need to pursue the compensation necessary for your recovery.