Tampa Premises Liability Lawyer

Millions in Verdicts & Settlements Recovered for Clients

If you or a loved one were injured on someone else's property, you may have grounds to pursue legal action under premises liability law. Property owners and occupiers in Florida are legally obligated to maintain safe premises for visitors, and they can be held liable for damages that result when they don’t. However, holding a landowner liable and recovering full compensation for your losses is a task that demands the attention of a qualified attorney.

At Burnetti, P.A., we’ve made it our mission to help victims injured by negligence and have proudly served folks and families across Florida for over 30 years. Backed by a record of success and millions of dollars in verdicts and settlements, we know the complexities of premises liability cases and are prepared to fight for the compensation you deserve.

Our Tampa premises liability attorneys serve clients throughout Hillsborough County and offer FREE consultations. Call (813) 414-5884 or contact us online to request yours.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers accountable for ensuring their property is safe for visitors. When someone is injured due to unsafe conditions on a property, they may file a premises liability claim to seek compensation for their damages.

To win a premises liability claim, you must show that the property owner or occupier was negligent in maintaining the property and that this negligence directly caused your injury. Premises liability cases can include various incidents, from slip and falls to inadequate security, and proving liability requires a thorough investigation of the property conditions and the circumstances of the accident, among other case factors.

Florida Premises Liability Law (Types of Visitors)

Florida law categorizes visitors into three types, with varying duties of care owed by property owners:

1. Invitees: 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.
2. Licensees: 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: Individuals who enter the property without permission. Property owners owe a limited duty of care to trespassers, primarily to avoid willful or wanton harm. Special considerations apply to child trespassers under the "attractive nuisance" doctrine, which requires property owners to prevent harm to children attracted to hazardous conditions.

Common Premises Liability Accidents

Premises liability accidents can occur in various settings and involve numerous hazards. Common premises liability accidents include:

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

Each type of accident requires a unique approach to prove liability and secure compensation, which is why it’s crucially important to have experienced legal representation.

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:

• Fractures and broken bones
• Sprains and strains
• Lacerations and abrasions
• Head and brain injuries
• Spinal cord injuries and paralysis
• Burns and electrical injuries
• Internal injuries
• Psychological trauma

Proving Liability In A Premises Liability Case

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

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 involves linking the hazardous condition to the incident that caused harm.
4. Damages: Provide evidence of the injuries and losses you suffered as a result of the accident, including medical records, bills, lost wages, and other related expenses.

Who Can Be Held Liable for a Premises Liability Accident?

Liability for a premises liability accident can extend to various parties, depending on the circumstances. Potentially liable parties include:

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

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 two years from the date of the accident. If the accident resulted in a wrongful death, the time limit is also 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.

Filing a claim before the statute of limitations expires is vital to preserving your right to compensation. To determine the deadline that applies to a specific case and provide the time to construct a compelling claim, we strongly encourage victims to bring potential claims to the attention of our team as soon as possible.

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.
2. Report the Incident: Notify the property owner or manager about the accident and ensure it is documented.
3. Gather Evidence: Take photos of the accident scene, your injuries, and any hazards that caused the accident. Collect contact information from witnesses.
4. Preserve Records: Keep medical records, bills, and any correspondence related to the accident.
5. Consult an Attorney: Contact a premises liability lawyer to discuss your case and legal options.

Compensation for Premises Liability in 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 / Future Earnings: Compensation for income lost due to the inability to work during recovery and any lost income expected in the future.
• Pain and Suffering: Monetary compensation for the physical pain and emotional distress caused by the injury.
• 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.

Our team has helped victims of premises accidents recover millions of dollars in compensation. Some examples of our results include:

• $500,000 verdict against a mall and roofing company responsible for a leaking roof that created a slip and fall hazard.
• $500,000 settlement for a kitchen volunteer burned by cooking oil when the handle of a fryer she was carrying broke off.
• $450,000 settlement for a diner who was injured at a restaurant when the ceiling collapsed.

Tampa Premises Liability FAQ

How Can I Prove that the Property Owner Was Negligent?

Proving negligence involves demonstrating that the property owner owed you a duty of care, breached that duty by failing to maintain a safe environment, and that this breach directly caused your injury. Collecting evidence can help establish negligence.

What Types of Evidence Are Important in a Premises Liability Case?

Important evidence includes medical records, photographs of the accident scene and injuries, witness statements, accident reports, and any maintenance or inspection records of the property. Keeping detailed records of all communications and expenses related to the accident is also essential. Your attorney can aid in gathering evidence to support your claim.

Can I Still File a Premises Claim in Clearwater if I Was Partially at Fault for the Accident?

Yes, Florida follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by 20%.

What If the Property Owner Claims They Were Unaware of the Hazard?

Property owners are expected to regularly inspect and maintain their premises and exercise the level of care and caution that allows them to identify and correct hazards that pose foreseeable risks of injuries. Claiming ignorance of a hazard is not usually a valid defense if they failed to conduct reasonable inspections and maintenance. Our attorneys can help evaluate ways to overcome these types of disputes when litigating your claim.

Request a FREE Review of Your Case

Burnetti, P.A. has been fighting for victims across Florida for over 30 years and is passionate about guiding clients through the injury claim process and toward the compensation they deserve.

If you have questions about a potential case and how our Tampa premises liability lawyers can help, give us a call at (813) 414-5884 or contact us online. Consultations are FREE and confidential and there is no fee unless we win.