Were you injured on someone else’s property due to unsafe conditions that you weren’t aware of? While this is an unfortunate circumstance, you have rights. Florida state laws are designed to hold property owners accountable when they fail to keep their premises safe.
Getting hurt on another person’s property can leave you feeling disoriented, stressed, and overwhelmed. Luckily, a premises liability lawyer in West Palm Beach is available to guide you through the justice system and advocate for you throughout the entire legal process.
At Blakeley Car Accident & Personal Injury Lawyers, we have recovered more than $250 million over more than a decade in business. You can trust us to pursue a favorable outcome in your case as your West Palm Beach personal injury lawyer. With us by your side, you’ll always have someone in your corner.
Overview of Premises Liability in Florida
Florida’s premises liability law is rooted in negligence. A person who is injured on someone else’s property must prove that the property owner failed to maintain a reasonably safe environment. You also need to show that this failure directly caused your injuries.
As the injured party, your West Palm Beach premises liability lawyer must further demonstrate that the property owner either knew or should have known about the dangerous condition and failed to fix it or provide adequate warning.
The state of Florida classifies visitors into the following three categories:
- Invitees: These are people who are actively invited onto the property for business purposes, like customers in a store. Property owners owe the highest duty of care to invitees. This involves inspecting the premises, repairing hazards, and warning others about potential dangers.
- Licensees: This group sets foot onto the premises for their own purposes, though they have the owner’s consent to do so. Guests at a house party are an example of licensees. In turn, owners must warn licensees of known dangers that are not obvious.
- Trespassers: Trespassers are those who enter someone else’s property without prior permission to do so. Florida law generally offers minimal protection to trespassers, except in certain cases, such as child trespassers under the “attractive nuisance” doctrine.
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Common Types of Premises Liability Cases
Premises liability claims encompass a wide range of incidents. Let’s take a look at examples of cases West Palm Beach premises liability attorneys can help you with as your legal counsel.
Slip and Fall Accidents
These are a very common type of premises liability claim. They can occur as a result of wet floors, uneven surfaces, loose carpeting, poor lighting, or other hazards.
Florida Statute §768.0755 addresses cases involving slip and fall accidents on a transitory foreign substance in a business establishment. In those situations, the injured person must prove that the following was true about the business at the time of the incident:
- It had actual or constructive knowledge of the dangerous condition.
- It was responsible for taking action to remedy it.
Swimming Pool Accidents
Property owners who have swimming pools on their property must comply with the Florida Residential Swimming Pool Safety Act. Failing to install safety features like fences, alarms, or pool covers can increase the likelihood of a tragic incident, especially when kids are involved.
These cases often fall under the attractive nuisance doctrine, particularly if a child enters the property and becomes injured in a pool.
Elevator and Escalator Accidents
Owners of buildings with elevators or escalators must regularly inspect and maintain these systems. Mechanical failures, abrupt stops, or faulty doors can result in serious injuries. When maintenance is neglected or repair logs are incomplete, the owner can be held liable for any harm that results from these circumstances.
Construction Site Hazards
Visitors or even nearby passersby may be injured as a result of poorly marked construction zones, falling objects, open trenches, and various other dangers.
That’s why Florida law mandates strict safety protocols for construction zones. If property owners or contractors choose to ignore these rules, injured parties may pursue premises liability claims as a result.
Toxic Exposure
Exposure to hazardous substances—such as mold, asbestos, or chemical fumes—can give rise to a premises liability case. Property owners are not only required to notify tenants and visitors alike about potential health hazards.
From there, they must also take reasonable steps to eliminate or mitigate exposure risks.
Statute of Limitations for Premises Liability Claims
In Florida, the statute of limitations for the majority of premises liability cases is two years from the date of the injury. This means that victims and their West Palm Beach premises liability lawyers must take legal action within this period.
Otherwise, your right to recover compensation will likely be compromised. That said, there are exceptions:
- If the injured party is a minor, the time may be extended.
- If the injury was not immediately discoverable, the “discovery rule” may apply.
Injured individuals should be aware of the applicable deadlines and potential tolling exceptions that may modify the statutory time limit as it applies to their case. When you reach out to premises liability attorneys in West Palm Beach, your legal counsel can make sure you adhere to all deadlines that pertain to your situation.
Reach Out to Our West Palm Beach Premises Liability Lawyers for Legal Advice and Representation
When a property owner’s negligence causes you harm, you might be left dealing with more than just physical injuries. Mounting medical bills, time off work, and ongoing pain can take a serious toll on your overall well-being, but you’re not alone.
These incidents are often preventable, and when someone fails to maintain a safe environment, they should be held accountable for the outcome that they cause. At Blakeley Car Accident & Personal Injury Lawyers, our West Palm Beach premises liability attorneys understand how frustrating this situation can be.
We’re here to listen to the details of your circumstances, explain your legal options, and fight for the compensation you need. Don’t wait to take action. The sooner you contact us, the sooner we can start gathering evidence, building your case, and advocating for your rights. Learn why we are West Palm Beach’s most well-known personal injury lawyer team.
