Clearwater Premises Liability Lawyer

Protecting the Rights of Victims in Premises Liability Cases

If you or a loved one has been injured on another person's property, you may have the right to seek legal action under premises liability law. Property owners and occupiers in Florida are legally obligated to maintain their premises in a safe condition. When they neglect this duty and someone gets hurt, they can be held accountable for the injuries and damages that result.

At Burnetti, P.A., we are committed to helping victims secure justice and fair compensation. With over 30 years of experience and a team of dedicated trial attorneys, we understand the complexities involved in premises liability cases and are prepared to fight for the compensation you deserve.

If you have questions about a potential case, our Clearwater premises liability attorneys can help. We serve clients throughout Pinellas County and offer FREE consultations. Call (727) 240-2712 to request yours.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for ensuring their property is safe for visitors. When someone is injured due to hazardous conditions on a property, the injured party can file a premises liability claim to seek compensation for their injuries and other losses.

To succeed in a premises liability claim, you must prove that the property owner or occupier was negligent in maintaining the property and that this negligence directly caused your injury. Premises liability cases can encompass a broad range of incidents, from slip and fall accidents to inadequate security, and proving liability often requires a comprehensive investigation of the property and the circumstances surrounding the incident.

Florida Premises Liability Law (Types of Visitors)

Florida law differentiates between types of visitors, and the duty of care owed by property owners varies accordingly:

1. Invitees: These are individuals invited onto the property for business purposes or as members of the public, such as customers in a store. Property owners owe the highest duty of care to invitees, including regular inspections and maintenance to prevent potential hazards that pose foreseeable injury risks.
2. Licensees: These are social guests or individuals who enter the property for non-commercial purposes. Property owners must warn licensees of any known dangers that are not immediately obvious.
3. Trespassers: These are individuals who enter the property without permission. Property owners owe a limited duty of care to trespassers, mainly to avoid willful or wanton harm. However, there are special considerations for child trespassers under the "attractive nuisance" doctrine, which requires property owners to take steps to prevent harm to children who may be drawn to dangerous conditions on the property.

Common Premises Liability Accidents

Premises liability accidents can happen in various settings and involve numerous types of hazards. Some of the most common premises liability accidents include:

• Slip and falls
• Trip and falls
• Dog bites
• Swimming pool accidents
• Elevator and escalator accidents
• Inadequate security leading to assaults or attacks
• Structural collapses
• Fires and electrical accidents
• Exposure to toxic substances

Each type of accident requires a unique approach to prove liability and secure compensation, highlighting the importance of having experienced legal representation.

Types of Injuries a Premises Liability Accident May Cause

Premises liability accidents can cause a wide range of injuries, from minor to catastrophic. Common injuries include:

• Broken bones and fractures
• Sprains and strains
• Cuts and lacerations
• Head and traumatic brain injuries
• Spinal cord injuries and paralysis
• Burns and electrical injuries
• Internal injuries
• Emotional and psychological trauma

Proving Liability In A Premises Liability Case

To successfully pursue a premises liability claim, the following elements must be established:

1. Duty of Care: Demonstrate that the property owner or occupier owed you a duty of care based on your status as an invitee, licensee, or trespasser.
2. Breach of Duty: Show that the property owner or occupier breached this duty by failing to maintain a safe environment or adequately warn of hazards.
3. Causation: Prove that the breach of duty directly caused your injury. This often involves linking the hazardous condition to the incident that caused harm.
4. Damages: Provide evidence of the injuries and losses you suffered because of the accident, including medical records, bills, lost wages, and other related expenses.

Who Can Be Held Liable for a Premises Liability Accident?

Various parties may be held liable for a premises accident, depending on the circumstances. These parties can include:

• Property owners
• Property managers
• Tenants or leaseholders
• Businesses operating on the property
• Maintenance companies
• Security firms

Identifying all potentially liable parties is essential to ensure you pursue full compensation for your injuries. It’s why our firm conducts thorough and meticulous investigations.

How Long Do I Have To File A Lawsuit For Premises Liability?

In Florida, the statute of limitations for filing a premises liability lawsuit is generally four years from the date of the accident. If the accident resulted in a wrongful death, the time limit is two years from the date of death. Specific circumstances may alter these time limits, such as:

• Discovery Rule: If the injury was not immediately apparent, the statute of limitations might begin from the date you discovered or should have discovered the injury.
• Minors: If the injured party is a minor, the statute of limitations may be extended until the minor reaches the age of 18.
• Mental Incapacity: If the injured person is mentally incapacitated, the statute of limitations might be extended.
• It's crucial to consult with a qualified attorney promptly to ensure your claim is filed within the appropriate time frame.

What To Do After A Premises Liability Accident

If you are injured in a premises liability accident, taking the following steps can help protect your rights and strengthen your claim:

1. Seek Medical Attention: Your health and safety are the top priority. Get medical treatment immediately. Prompt medical attention not only ensures your well-being but also creates a record of your injuries, which is crucial for your claim.
2. Report the Incident: Notify the property owner or manager about the accident and ensure it is documented. An official report provides evidence of the accident and the conditions that led to your injury.
3. Gather Evidence: Take photos of the accident scene, your injuries, and any hazards that caused the accident. Collect contact information from witnesses. This evidence can be pivotal in establishing the property owner's negligence.
4. Preserve Records: Keep medical records, bills, and any correspondence related to the accident. Detailed documentation of your expenses and communications strengthens your case for compensation.
5. Consult an Attorney: Contact a premises liability lawyer to discuss your case and legal options. An experienced attorney can guide you through the legal process, ensuring that your rights are protected and that you pursue the maximum compensation available.

Compensation for Premises Liability in Clearwater, FL

Victims of premises liability accidents may be entitled to various types of compensation, depending on the specifics of their case. Recoverable damages can include:

• Medical Expenses: Covers the cost of medical treatment, including hospital stays, surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work during recovery.
• Pain and Suffering: Monetary compensation for the physical pain and emotional distress caused by the injury.
• Emotional Distress: Compensation for psychological impacts, such as anxiety, depression, and PTSD.
• Loss of Earning Capacity: If the injury affects the victim's ability to earn a living in the future.
• Loss of Consortium: Compensation for the impact of the injury on the victim's relationship with their spouse or family.
• Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior.

Call For a FREE Consultation: (727) 240-2712

Burnetti, P.A. has been fighting for victims and families across Florida for over 30 years and has a proven record of success litigating complex premises liability cases. Some of our recent premises results include:

• $500,000 for a client injured in a slip and fall accident caused by a leading roof at a shopping mall.
• $500,000 for a Kitchen volunteer who suffered severe burn injuries when the handle of a fryer she was carrying broke.
• $450,000 for a client who suffered a laceration necessitating surgery when she was cut by unsecured plexiglass on a theme park ride.

If you have questions about a potential case and how our Clearwater premises liability lawyers can help, call (727) 240-2712 or contact us online. Consultations are FREE and there is no fee unless we win.