Holding Property Owners Liable in Premises Liability Claims

Every property owner has a legal obligation to keep their visitors safe. To fulfill this legal obligation, property owners must ensure there are no hazardous conditions on their properties that could harm their visitors. If a property owner fails to fulfill this legal obligation, they could be held liable for their visitors’ injuries. If you’ve been injured on public or private property, it’s in your best interest to seek legal representation from the skilled premises liability attorneys at Carlson Meissner & Hayslett. With over 125 years of combined legal experience, our premises liability lawyers in St. Petersburg have what it takes to maximize your compensation. Call now to schedule a free consultation with our team.

Attorneys at Carlson Meissner Law Firm on Personal Injury

Attorney Jennifer A. Burns

What Are Examples of Premises Liability Cases?

A premises liability case can arise after an accident on any type of public or private property, including private residences, hotels, shopping malls, grocery stores, amusement parks, and more.

There are countless different types of premises liability cases, but many cases involve:

  • Slip and falls
  • Trip and falls
  • Dog bites
  • Swimming pool accidents
  • Inadequate or negligent security
  • Poor lighting
  • Elevator, escalator, and staircase accidents
  • Fires
  • Exposure to hazardous substances

If you’ve been injured due to a hazardous condition on a property, you may be entitled to compensation. Discuss your legal options with our experienced premises liability lawyers today.

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How Can I Prove Fault In A Premises Liability Claim?

The key to winning a premises liability claim is proving fault. To hold a property owner liable for your injuries, you must be able to prove:

  • There was a dangerous hazard on the property.
  • The defendant created, knew about, or should have known about the dangerous hazard on the property.
  • The defendant did not take action to fix the hazard or warn visitors of its presence.
  • You were injured as a result of the hazardous condition.
  • You suffered damages due to your injuries.

The outcome of most premises liability cases will depend on whether or not the plaintiff is able to prove that the defendant created, knew about, or should have known about the hazard. Proving this element is difficult, which is why you should turn to an experienced premises liability attorney in St. Petersburg for help.

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How Much Time Do I Have to File A Premises Liability Lawsuit?

The statute of limitations for premises liability cases in Florida is four years. If you have been injured on another party’s property, this means the law gives you four years from the date of the accident to file a personal injury lawsuit. If you file a lawsuit after the four-year deadline has passed, the court will most likely dismiss it. That’s why it’s so important to take action as soon as possible so you can protect your right to compensation.

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Why Do I Need to Hire A Premises Liability Lawyer in St. Petersburg?

Premises liability claims are among the most complex personal injury cases. For this reason, it is strongly recommended that you hire an experienced premises liability lawyer in St. Petersburg to help you fight for the compensation you deserve. Our premises liability attorneys will handle every aspect of your legal claim, including:

  • Interviewing witnesses
  • Obtaining surveillance footage and accident reports
  • Analyzing photographs and other pieces of evidence from the scene of the accident
  • Working with expert witnesses to reconstruct the accident and strengthen your case
  • Using the evidence gathered during our investigation to build a case that establishes liability
  • Evaluating your medical records and other documentation to determine the short-term and
  • long-term expenses and losses you will experience as a result of your injuries
  • Negotiating with the at-fault party’s insurance company to reach a settlement
  • Presenting your case in court if the insurance company is not willing to reach a settlement that fully compensates you for your injuries

Let us stand in your corner and aggressively fight to obtain the compensation you deserve for your medical expenses, lost wages, pain, and suffering, and more.

Set Up A Free Case Evaluation With Our Premises Liability Law Firm in St. Petersburg

Every minute matters in a premises liability case. If you’ve been injured as a result of a hazard on someone else’s property, speak to our premises liability attorneys right away. The team of attorneys at Carlson Meissner & Hayslett has used their resources, experience, and skills to win over $115 million in compensation for the injured. Now, let us help you recover as much compensation as possible for your injuries. To schedule a free consultation regarding your case, call today or fill out the form on this website.

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FAQ

Do I need to file an injury claim within a certain period of time?

Can I sue a property owner if I was injured as a trespasser?

Will I have to go to court?

How much does it cost?

What If I Am Found at Fault?

Does premises liability only cover slip and fall accidents?

Can I sue if I fell and was injured on public property?

Should I take pictures or videotape footage of what caused my accident?

Do I need to file an injury claim within a certain period of time?

Under Florida Statutes §95.11(3)(a), you generally have four years to file a personal injury lawsuit in the state, starting on the date of the incident that caused the injury.

Can I sue a property owner if I was injured as a trespasser?

In Florida, trespassers may have a valid premises liability claim against a property owner under specific circumstances. For example, if the property owner is determined to have committed intentional misconduct or “gross negligence” towards the trespasser, they may be liable for the trespasser’s injuries.

Will I have to go to court?

We will most likely settle your premises liability case without going to trial. The agreement is mutual and decided by both parties rather than a jury. However, you must attend a hearing and make your case at trial if you cannot reach a mutual agreement.

How much does it cost?

Florida lawyers are governed by the Florida Bar, which allows accident and injury lawyers to work for a contingency fee. Most accident injury lawyers charge 33 1/3% of any amount recovered on your claim if it is settled before the defendant files an answer in your lawsuit.

What If I Am Found at Fault?

Florida follows the rules of comparative negligence. Your claim will be adjusted or reduced if you are found to be at fault for any part of your injury. For example, if you file a claim for $100,000 and are 50% at fault, you will only receive 50% of your claim, or $50,000.

Does premises liability only cover slip and fall accidents?

No. Premise liability can include any type of injury caused related to or caused by a dangerous condition on the property.

Can I sue if I fell and was injured on public property?

Under the Federal Torts Claim act, a private citizen may sue a federal, state, or local governmental entity for a personal injury claim under specific circumstances.

Should I take pictures or videotape footage of what caused my accident?

Absolutely, especially if the dangerous condition is temporary because it will probably be cleaned up or fixed relatively quickly. Later, you’ll be able to show or demonstrate the hazardous condition. Without this, it will be much harder to prove that a dangerous condition existed and that it caused your accident.

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