Premises liability claims arise when someone suffers an injury due to unsafe conditions on another person’s premises. Unfortunately, premises liability claims in Jacksonville and the surrounding Duval County communities are not uncommon. In Florida, a premises liability claim is valid when a property owner knew or should have known about unsafe conditions on their property and failed to fix it, directly resulting in an injury. As such, you may be able to seek compensation for injuries caused by unsafe property conditions. Continue reading and contact our Jacksonville personal injury attorneys to learn more about premises liability claims in Florida and how we can help you win the compensation you deserve.
What Is a Premises Liability Claim in Florida?
A premises liability claim allows someone injured on unsafe property to seek compensation for the damages they have caused. Under Florida law, property owners are required to keep their premises reasonably safe for those lawfully on the property. Failure to do so can result in injuries and subsequent liability for damages.
Key Elements of a Valid Claim
- The property owner knew about or reasonably should have known about the dangerous conditions on the premises
- The owner failed to repair, warn, or address the hazard
- The victim was injured as a direct result of the unsafe conditions
- The victim suffered measurable damages as a result of the unsafe conditions
How Do I Know if I Have a Strong Premises Liability Claim in Northern Florida?
For anyone to have a valid premises liability claim, they must prove they were injured under very specific circumstances. Injured persons must prove that the property owner either knew or should have known about the dangerous property conditions, neglected to take action to fix them, and that they were injured and sustained damages as a direct result of the property owner’s negligence.
Factors That Strengthen Your Case
- Clear photos or videos of the hazard or unsafe condition that caused your injuries
- Witness statements corroborating the condition
- Documentation that shows the hazard existed long enough for the property owner to acknowledge or fix it, like prior complaints or inspection records
- Medical documents that link your injuries to the accident
What Should I Do Following an Accident on Someone Else’s Florida Property?
In the event you suffer an injury on someone else’s property due to unsafe conditions, the first thing you should do is document the incident and take steps to protect both your health and legal rights. It’s critical to understand that, while you may be overwhelmed following an accident, remaining as calm as possible and taking the correct steps is critical to helping you receive the best possible outcome for your circumstances.
Immediate Steps to Take After a Premises Liability Accident
- Call the police to request a report and medical assistance
- Inform the property owner of the incident
- Take photos and videos of the scene, including the hazard, your visible injuries, and any other relevant evidence
- Seek immediate medical attention, even if you feel okay or injuries seem minor
- Keep all documentation, including medical records and police reports
- Contact an experienced North Florida injury attorney
Do I Need an Attorney to Win a Premises Liability Claim?
Yes, you do. Before bringing any sort of lawsuit against a negligent party, it’s imperative that you hire an experienced Jacksonville attorney. Our firm can collect evidence, speak with insurance companies, and pursue an overall effective strategy in an effort to win you the compensation you need to heal.
How an Attorney Can Help Maximize Compensation
- Conducts independent investigations to gather additional evidence to support your claim
- Handles all communication with insurers
- Helps identify potentially liable parties
- Assists in calculating damages to ensure you receive fair compensation
- Represents you in court proceedings and negotiations
What Damages Can I Recover in a Premises Liability Claim?
Victims of unsafe property in Northern Florida are generally eligible to recover both economic and non-economic damages for the losses they have suffered.
Potential Types of Compensation Available
- Economic damages:
- Medical expenses, including future care
- Rehabilitation and physical therapy
- Out-of-pocket expenses incurred from the injury
- Lost wages
- Reduced earning capacity
- Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Permanent disability
Do I Need to File an Injury Claim Within a Certain Period of Time?
Yes. The statute of limitations for personal injury claims in Florida is, in most cases, two years from the date on which the injury occurred. This is significantly shorter than the previous statute of limitations, which was four years. However, this was reduced to the current two-year limit in 2023.
Additionally, depending on where or how you were injured, you may have even less time to bring a Notice of Claim. Our Jacksonville slip and fall accident attorneys are here to help you today.
Can I Sue a Property Owner if I Was Injured as a Trespasser?
Typically, injured trespassers do not have valid grounds to bring premises liability claims. Additionally, if someone is hurt on someone else’s property because they were intoxicated or intended to commit a felony on the property, they likely also won’t have a valid claim. However, if a property owner showed “gross negligence” or committed intentional misconduct that resulted in the injury of a trespasser, the trespasser may have a valid claim. For example, if the trespasser can prove the property owner knew of a dangerous property condition, such as a vicious guard dog, saw the trespasser approach, and failed to warn the trespasser in some way, the trespasser may have valid grounds for a personal injury lawsuit against the property owner.
Exceptions Where Trespassers May Have Valid Claims
- Property owners were engaged in intentional harm or misconduct
- The dangerous conditions posed an extreme or hidden risk
- The owner failed to warn of the conditions despite knowing trespassers were likely
Contact Our Experienced Florida Injury Firm
Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. We understand the urgency of your personal injury claim and additional legal matters, which is why we provide each of our clients with compassionate and efficient legal assistance every step of the way. Please contact our office for an initial consultation today.