Premises Liability

Lakeland Premises Liability Lawyer

Millions Recovered for Property Accident Victims

If you or a loved one has been injured on someone else's property, you may have grounds to pursue legal action under premises liability law. However, premises liability claims, which aim to hold property owners liable for damages caused by their failures to maintain safe conditions, are complex and challenging matters that demand the attention of experienced lawyers.

At Burnetti, P.A., we’re dedicated to helping victims seek justice after suffering preventable injuries. With over 30 years in practice and a deep bench of experienced attorneys, we know how to navigate the complexities of premises liability cases and help victims and families fight for the compensation they deserve.

Our Lakeland premises liability attorneys are routinely trusted to take on the toughest cases. Learn how we can help you by calling (863) 777-4507 for a FREE consultation. We serve victims throughout Polk County and beyond.

What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners and occupiers to ensure their property is safe for visitors. When someone is injured on a property due to unsafe conditions, the property owner or occupier may be held liable for the injuries and damages.

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 involve a range of accidents, from slip and falls to dog bites, and proving liability requires a thorough investigation of the property conditions and the circumstances of the accident.

Florida Premises Liability Law (Types of Visitors)

Florida premises liability law categorizes visitors into three types, each owed a different level of care:

  1. Invitees: These are individuals who enter the property for business purposes or as members of the public (e.g., customers in a store). Property owners owe the highest duty of care to invitees, which includes regular inspections and maintenance to prevent hazards.
  2. Licensees: These are social guests or people who enter the property for non-commercial purposes. Property owners must warn licensees of known dangers that are not obvious.
  3. Trespassers: These are individuals who enter the property without permission. Property owners owe a limited duty of care to trespassers, primarily to avoid willful or wanton harm.

Common Premises Liability Accidents

Premises liability accidents can occur in various settings and involve different types of hazards. 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

Having represented injured plaintiffs throughout Florida for over 30 years, our attorneys at Burnetti, P.A. have experience handling premises actions arising from all types of accidents, circumstances, and acts of negligence. We know how to properly investigate these matters, identify all responsible parties, and help clients pursue the outcomes they deserve.

Types of Injuries a Premises Liability Accident May Cause

Premises liability accidents can result in a wide range of injuries, from minor to severe. Common injuries include:

  • Broken bones and fractures
  • Sprains and strains
  • Cuts and lacerations
  • Head and brain injuries
  • Spinal cord injuries
  • Burn injuries
  • Internal injuries
  • Emotional and psychological trauma

Our firm has represented victims who’ve suffered all types of injuries in accidents that took place on others’ properties. We have also represented families in wrongful death actions after they lost loved ones to fatal premises accidents.

Proving Liability in a Premises Case

To successfully pursue a premises liability claim, you must establish the following elements:

  1. Duty of Care: Show that the property owner or occupier owed you a duty of care based on your visitor status.
  2. Breach of Duty: Demonstrate that the property owner or occupier breached this duty by failing to maintain a safe environment.
  3. Causation: Prove that the breach of duty directly caused your injury.
  4. Damages: Provide evidence of the injuries and losses you suffered because of the accident.

Who Can Be Held Liable for a Premises Liability Accident?

Liability for a premises liability accident can extend to various parties, including:

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

Identifying all potentially liable parties is crucial to ensuring you receive full compensation for your injuries.

How Long Do I Have to File a Lawsuit for Premises Liability?

In Florida, the statute of limitations for premises liability cases 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. There are exceptions and specific circumstances that 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 is important to consult with a qualified attorney promptly to ensure your claim is filed within the applicable time frame.

What To Do After a Premises Liability Accident

If you are injured in a premises liability accident, it’s important to take the following steps to protect your rights:

  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 FL

In a premises liability claim, you may be able to recover various types of compensation, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Loss of earning capacity
  • Loss of consortium
  • Punitive damages (in cases of gross negligence or willful misconduct)

Call For a FREE Consultation: (863) 777-4507

At Burnetti, P.A., we have been advocating for victims across Florida for over 30 years. Our team has a proven record of success in handling complex premises liability cases and is standing by to discuss how we might be able to help you.

To request a FREE consultation with a Lakeland premises liability lawyer, call (863) 777-4507 or contact us online.

What Sets Us Apart?

Reasons to Trust Burnetti, P.A. with Your Case
  • A Proven Record of Results

    We have recovered millions of dollars for our clients, including many multi-million-dollar verdicts and settlements.

  • A Culture of Customer Service

    We treat all of our clients like family, requiring regular calls to clients in an effort to promote the best possible client experience.

  • Decades of Unwavering Service

    Our firm has proudly served injured people throughout the state of Florida for 30 years, and we're just getting started.

  • A Network of Support

    We help clients find doctors, deal with insurance companies and recover compensation for medical bills and lost wages.

Our Testimonials

Hear From Clients Across the State of Florida
  • “I highly recommend Burnetti P.A. as a great and caring law firm.”

    - Michelle M.
  • “They are the best I would recommend them to everybody.”

    - Jeannette D.
  • “They made sure that I was getting my equal justice. This team was amazing!”

    - Gerard E.
  • “The settlement he got for me was far above my expectations.”

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  • “I can’t speak highly enough about my experience with Burnetti, PA.”

    - Chuck S.
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