Florida Premises Liability Attorney
Practice Areas
At Fenderson Law Firm, we know that accidents can occur anywhere, at any time. Property owners have a duty to maintain safe environments for guests and visitors. When they fail in this responsibility, the consequences can be life-changing.
If you've been injured due to unsafe conditions on someone else's property, our experienced premises liability attorney can help you seek the compensation you deserve. Reach out today for a free consultation so we can evaluate your case and determine how best to move forward with your claim.
We serve communities throughout North Florida, including Jacksonville, Pensacola, Tallahassee, Gainesville, Ocala, and Panama City, as well as Central Florida, including the areas of Orlando, Tampa, St. Petersburg, Clearwater, Lakeland, Deltona, Largo, and more.
Understanding Premises Liability Cases
Premises liability holds property owners and occupiers responsible for accidents and injuries that occur on their grounds due to unsafe conditions. These can encompass a wide range of incidents, including:
Slip and fall accidents: Often caused by wet floors, uneven surfaces, loose carpeting, or poor lighting. These accidents can result in broken bones, head injuries, and other serious conditions.
Trip and fall accidents: Similar to slip and falls but involve tripping over obstacles such as clutter, poorly maintained walkways, or exposed cables.
Negligent security: Property owners must provide adequate security measures to protect visitors from criminal acts. Poor lighting in parking lots, lack of security personnel, and broken locks can lead to assaults, robberies, and other tragedies.
Swimming pool accidents: Both private and public pool owners need to make sure the areas are safe and comply with regulations regarding fencing, lifeguards, and water quality to prevent drownings and injuries.
Dog bites and animal attacks: Pet owners are responsible for controlling their animals. If you’re injured due to an aggressive dog, the owner may be held liable, especially if the pet has a history of aggressive behavior.
Retail store injuries: Stores must maintain safe environments for customers, from clean floors to stable shelving units. Injuries in retail locations can range from minor bruises to serious trauma.
At Fenderson Law Firm, our premises liability lawyer excels in investigating accidents, gathering compelling evidence, and consulting safety experts to build robust cases. We manage the entire legal process to ease your burden, allowing you to concentrate on your recovery.
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Types of Compensation in Premises Liability Cases
Even if your injuries may seem minor or moderate at first, they can develop into more severe problems over time. We want to make sure you’re fairly compensated for your pain and suffering now and in the future. Depending on the circumstances of your case, you may be entitled to the following types of compensation:
Medical expenses: Coverage for past and future medical bills related to your injury
Lost wages: Compensation for income lost due to time off work or diminished earning capacity
Pain and suffering: Monetary compensation for physical pain and emotional distress
Property damage: Reimbursement for personal property damaged during the accident
Punitive damages: In cases where the property owner’s negligence was particularly egregious, punitive damages may be awarded to discourage similar conduct in the future
Understanding Negligence & How to Prove It
In personal injury law, negligence is a legal term used to describe a failure to exercise reasonable care and caution, resulting in harm or injury to another person.
Proving negligence in a premises liability case is central to securing the compensation you deserve. To establish negligence, you must demonstrate that the property owner or occupier failed to meet their duty of care, directly resulting in your injuries. Here's how we approach proving negligence:
Duty of care: First, we must establish that the property owner or occupier had a duty to maintain a safe environment. This duty varies depending on the visitor's status, such as an invitee, licensee, or trespasser. For instance, invitees are owed the highest duty of care as they are typically on the premises for business or commercial purposes.
Breach of duty: Next, we must show that the property owner or occupier breached this duty of care. This could involve demonstrating that they knew or should have known about the hazardous condition and failed to remedy it. Examples include ignoring complaints about unsafe stairs or not addressing a known issue like a wet floor.
Causation: It must be proven that the breach of duty directly caused your injury. This involves showing a clear link between the unsafe condition and the accident that resulted in your harm. Medical records, surveillance footage, and witness statements often play crucial roles in establishing this connection.
Damages: Finally, we must provide evidence of the actual damages incurred due to the injury. This includes medical bills, records of lost wages, and documentation of pain and suffering. Photographs of the injury and expert testimony can also support your claim for damages.
In some premises liability cases, the injured party may bear partial responsibility for the accident. This doesn't mean you don't have a case. Florida follows a comparative negligence system, which means that even if you were partly at fault for your injuries, you might still be entitled to recover compensation.
Your recoverable damages will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for a slip and fall accident, your total compensation would be reduced by that percentage.
If you believe you may be partially at fault, it's crucial to contact a lawyer so they can perform a full evaluation of your case and outline the strategies available to you. At Fenderson Law Firm, our goal is to make sure you receive the full compensation you're entitled to so you can move forward with your life. We'll build a strong case on your behalf and fight tirelessly for the fair financial settlement you deserve.
Statute of Limitations for Premises Liability Claims in Florida
According to Florida Statutes Section 95.11, the statute of limitations for premises liability claims is generally four years from the date of the accident. If you fail to file your claim within this period, you may lose your right to seek compensation. However, certain circumstances and exceptions can alter this time frame, so it's essential to consult with a knowledgeable attorney immediately.
Premises Liability Attorney Serving Clients Across Florida
At Fenderson Law Firm, we pride ourselves on offering compassionate legal support and robust representation to victims of property accidents throughout North and Central Florida. If you or a loved one has suffered an injury due to the negligence of a property owner, contact us today for a free consultation. We're here to help you seek justice and the compensation you deserve.