Premises Liability Lawyer Orlando, FL

Our Orlando, FL premises liability lawyer believes that accidents occurring on another person’s property should not be taken lightly. These are often complicated cases that will require assistance from our firm, David & Philpot P.C. For victims who have suffered injuries on someone’s property, the impact can be significant. Following the accident, it’s possible to experience missed time away from work and damages that result in physical pain and limitations. The financial impact can be incredibly challenging to contend with, and when considering legal action, you will likely have concerns as a victim. By contacting our team, we can assist with answering the many questions you have and help maximize the compensation you may be entitled to. 

Understanding Premises Liability Cases

Premises liability cases occur on another person’s property. These accidents typically happen due to unsafe property that is poorly kept, resulting in dangerous situations for those who visit the property. Premises liability cases may occur on private property, in someone’s home, a business, and even property owned by the government or a municipality. Common examples of places such an accident may occur include: 

• Someone’s Home
• Amusement and Water Parks
• Businesses (Restaurants, Retail Stores, Grocery Stores) 
• Parking Lots
• Schools
• Gyms

Common Types of Premises Liability Cases

While there are endless places where accidents can happen, premises liability cases can occur in a variety of ways, which may call for the assistance of our premises liability attorney. Timothy David founded our firm in 1988 and has spent twenty years fighting for justice for personal injury victims. Our successful track record of recovering damages and winning settlements includes countless slip and fall and premises liability claims. Some of the most common issues that lead to these types of personal injury cases include: 

• Poorly Maintained Property
• Cracks or Uneven Sidewalks
• Poorly Lit Walkways
• Inadequate Security
• Broken Stairs
• Faulty Equipment
• Swimming Pools

Determining Liability in a Premises Liability Case

To determine whether you have a premises liability case, you must prove that the property owner was responsible for the accident. Typically this will require legal guidance from our team. We will carefully review the details of the accident, looking for the following elements:

1. Your injuries occurred on the property
2. Your injuries were the result of property owners negligence
3. The property owner knew of defects and failed to warn visitors

Settling vs. Litigation 

While premises liability cases can be challenging to prove, know that many civil claims settle outside of the courtroom through mediation. Typically this is a fast and more efficient process. However, bear in mind that if a settlement is not reached in this manner, it may be appropriate to proceed with litigation in the form of an injury lawsuit. 

Florida Statute Limitations for Premises Liability Claims 

For personal injury claims, there is a timeframe in which victims can take legal action. This timeframe is also known as the statute of limitations. Typically, the clock starts ticking at the time of injury or upon discovery of injuries. While there are a few exceptions, know that there is little opportunity to pursue a premises liability case once this timeframe closes. In Florida, the statute of limitations for premises liability cases is four years,. However, it’s best to act quickly to get the best possible outcome. 

Recovering from injuries can be a process, and premises liability cases require a professional who can represent you in the way you deserve. By contacting David & Philpot P.C., our team of lawyers can work closely with you to review your case and outline the best approach to seek compensation. Initiate the process by reaching out to our team as early as possible. 

Slipping And Falling On Someone Else’s Property

When you are on someone else’s property, becoming injured can feel like more than just a nuisance. You might feel embarrassed, you might try to get out of there as quickly as possible, and you may feel silly filing any kind of a claim for your injuries. While this is common, it can make things much harder for you in the long run. You may end up with expensive medical bills following a slip and fall on someone else’s property and if you did not do your due diligence following your accident, you may not get fair compensation for what happened to you. Though it can feel awkward, it is important that you follow certain steps after your accident so that the right procedures are in place for filing a claim. 

Steps To Take Following a Slip And Fall Accident 

• Always get medical attention. It is important that you get medical attention immediately after a slip and fall accident because you may not know how severely you were injured. In fact, nothing may seem wrong at first, but you may begin noticing signs of an injury a few hours after the accident when you are home. Go to a hospital, a local urgent care, or get in with your primary doctor right away to have an exam. 

• Gather evidence at the scene. Our Orlando premises liability attorney knows that this is one of the most important things you can do while you are still at the scene of the accident. Especially when it is someone else’s property, you never know when they may change something or quickly clean something up after an accident. As soon as you can, snap pictures, take videos, or jot down notes of how something happened. 

• Speak to eyewitnesses. Similarly, if there were people at the scene of the accident who saw how you became injured (they noticed a puddle, uneven flooring, or a dangerous area), it is essential you get their contact information before they leave the property. Their testimony may be one of the most important things in your case. 

• Make note of anyone who helps you. If there is anyone from the property who is employed there (such as a restaurant worker or a grocery stocker at a store) then it is important you get their information. Often, workers may say something like “I’m so sorry, I meant to clean that up!” or apologize for a mess that caused a slip and fall. If this happens, it is especially important to get that person’s contact information and write down what they said. 
• File a report. You should file an injury report with the business and detail what happened, how it happened, and what kinds of injuries you have as a result. 

Finally, always get help from our lawyer when you are planning to file a claim. Our lawyer will help confirm you have everything you need and will negotiate with insurance. When you are ready to move forward with your slip and fall claim, reach out to a team you can trust. Call David & Philpot, P.L. to speak with our Orlando premises liability lawyer now.

The Duty of Property Owners in Florida

Individuals who have been hurt in premises liability accidents should contact our personal injury law firm. Orlando, Florida, known for its theme parks, tourist attractions, and vibrant cultural scene, is also a place where premises liability laws play a vital role in safeguarding the rights and safety of individuals who visit or reside in the city. Premises liability laws are designed to make sure that property owners and occupiers maintain a safe environment for their guests, tenants, and customers. In Orlando, as in the rest of Florida, these laws are in place to provide legal recourse for those who suffer injuries due to hazardous conditions on someone else’s property.

Under Florida law, property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors or guests about potential dangers. This duty extends to a wide range of properties, including residential homes, commercial establishments, hotels, and amusement parks, which are particularly prevalent in Orlando.

One of the key principles of premises liability in Florida is the classification of visitors into three categories: invitees, licensees, and trespassers. Each category carries different levels of responsibility for the property owner or occupier.

• Invitees: Invitees are individuals who are invited onto the property for the financial benefit of the owner or occupier. This includes customers at a store or guests at a hotel. Property owners owe the highest duty of care to invitees and are required to maintain their premises in a safe condition, inspect for potential hazards, and promptly address any issues that could cause harm.
• Licensees: Licensees are individuals who have permission to enter the property for their own purposes, such as social guests. As our slip and fall lawyer can confirm, property owners are still required to warn licensees of known dangers, but their duty is somewhat lower compared to invitees.
• Trespassers: Trespassers are individuals who enter a property without permission. Property owners generally owe a limited duty to trespassers to avoid causing intentional harm or wanton negligence.

Elements of a Strong Premises Liability Case

To establish a premises liability claim in Orlando, the injured party must prove that:

• The property owner or occupier had a duty of care owed to the injured person based on their classification as an invitee, licensee, or trespasser.
• There was a breach of that duty, meaning that the property owner failed to maintain a safe environment or failed to warn of known hazards.
• The breach of duty was a proximate cause of the injury.

In Orlando, the duty to maintain safe premises is not limited to physical conditions such as wet floors, broken stairs, or inadequate lighting. It also extends to providing security in areas where criminal activity is reasonably foreseeable. For example, if a hotel in a high-crime area fails to provide adequate security measures, they may be held liable for injuries resulting from a criminal act.

If you or a loved one has been injured due to hazardous conditions on someone else’s property in Orlando, consult with our knowledgeable premises liability attorney. Our legal professionals can help you manage the challenging legal elements of your claim, protect your rights, and pursue compensation for your injuries.

STEPS TO TAKE FOLLOWING A SLIP AND FALL ACCIDENT

Examples Of When You Need A Lawyer

If you have been injured on someone else’s property, you may need to consult our Orlando, FL premises liability lawyer for help. Premises liability attorneys are legal professionals who specialize in cases that involve injuries that occur on property owned by another individual or entity. It can be hard to know when you need to hire our lawyer for legal representation. Whether you are dealing with an insurance company or pursuing a personal injury claim, having our lawyer by your side is important. Learn about specific cases where you will need our help, and don’t hesitate to schedule a free consultation.

Slip and Fall Accident

Slip and fall accidents can occur due to any number of hazardous conditions on someone’s property, such as wet or slippery floors, inadequate lighting, hazardous steps, and broken or uneven walkways. If you have been injured in a slip and fall accident, it is important that you contact our personal injury lawyer as soon as possible. Our lawyer will be able to investigate the details of your case, including the condition of the property, any warnings posted about the hazardous conditions, and other related details. With this information, our firm can help you determine if the property owner is liable for your injuries and the extent of their responsibility.

Injured in an Assault on the Property

The owner of the property may be held liable for failing to provide adequate security and protect those on the premises from potential danger. In order for a successful legal case, the owner must have had knowledge of the risk or danger that could cause injury, but failed to take reasonable steps to prevent it. Examples of inadequate security include:

• Not providing enough security personnel
• Failing to install lighting around dark areas
• Failing to take action after previous complaints of violence on the property

Injured Due to Defective Machinery

When you visit a store or other commercial property, it is the property owner’s responsibility to secure the safety of everyone on the premises. This includes verifying that any machinery used on the premises is properly maintained and in good working order. If the property owner fails to do this, and a person is injured due to a defective machine, they may be able to bring a premises liability case against the owner for failing to maintain the machine in safe condition.

Injured in a Car Accident

The general premise of premises liability law is that property owners have a responsibility to maintain their properties in a safe condition for anyone who enters the premises. This includes providing secure parking lots and roadways to protect visitors and occupants from harm. If a property owner fails to provide adequate security or fails to repair any dangerous conditions on their property, they can be held liable for any injuries that result from those failures. In an accident, this could include things such as poorly maintained roads or lack of lighting.

Orlando Premises Liability Statistics

One of the most common types of premises liability accidents is slip-and-fall accidents. According to the National Floor Safety Institute (NFSI), more than one million people seek medical care after a slip-and-fall accident each year in the U.S. These accidents cause more than 10 percent of emergency room visits that are fall-related.

If you have suffered an injury, call our office to speak with one of our Orland premises liability lawyers to find out your legal options for pursuing damages for the losses your injuries have caused.

Premises Liability FAQs

What is premises liability?

Premises liability refers to the responsibility a property owner has for accidents that occur on their property. If a property owner knew or should have known about a dangerous condition on their property and someone gets hurt, the property owner can be held liable. This includes injuries caused by unsafe or hazardous conditions such as wet floors, broken staircases, inadequate lighting, or lack of warning signs.

What is a premises liability lawyer?

Our premises liability lawyer is a type of attorney who specializes in cases where individuals are injured on someone else’s property. We are on the injured person’s side and work to prove liability on the part of the property owner and fight for compensation for damages.

What types of cases does a premises liability lawyer handle?

Premises liability attorneys handle a wide variety of cases including slip and falls, dog bites, inadequate security, defective conditions, and accidents caused by construction defects. We may also handle cases involving injuries sustained on commercial or residential property, such as hotels, stores, restaurants, or apartment complexes.

Why do I need a premises liability lawyer?

If you have gotten hurt on another person’s property, you may be eligible to receive compensation for your medical bills, lost wages and other damages that resulted from the accident. Our specialized personal injury lawyer is an essential ally to have in this situation. We can help guide you the complicated legal system, negotiate with insurance companies, and fight for you to receive the compensation you deserve.

What should I look for in a premises liability lawyer?

When selecting a lawyer, it is important to choose someone who has experience handling similar cases and who has a proven track record of success. Look for a lawyer who is responsive to your needs, who communicates clearly, and who is willing to fight for your rights.

How much does it cost to hire a premises liability lawyer?

Most premises liability and personal injury lawyers work on a contingency basis, which means that we only get paid if we win your case. Typically, we will take a percentage of the compensation that you receive, which can range from 33% to 40%. It is important to discuss fees and payment options with our lawyer before hiring them.

What should I do if I have been injured on someone else’s property?

Getting hurt on someone else’s property can be shocking. The first thing you should do is seek medical attention because you may have serious injuries. It is also important to report the incident to the property owner or manager and gather any evidence that may be helpful in your case, such as photos or witness statements. You also should contact our slip and fall lawyer as soon as possible to discuss your legal options.

If you have been hurt on someone else’s property, you may want to get in touch with our Orlando, FL premises liability lawyer. You may be eligible to receive compensation for your losses. Our attorneys can help you pursue a timely claim. Schedule a free consultation today.

Premises Liability Glossary

If you’ve been injured on someone else’s property, it’s imperative to understand your legal rights and options. We are dedicated to assisting those in need of a personal injury attorney. Below, we’ve outlined some key concepts to help you better understand your potential injury claim.

Premises Liability

Premises liability refers to a legal principle that holds property owners accountable when individuals are injured due to unsafe conditions on their property. This may involve hazards like slippery floors, broken handrails, or hidden dangers that aren’t immediately visible. For a property owner to be held liable, there needs to be proof that they knew, or should have known, about the unsafe condition and failed to correct it or provide adequate warning. This form of liability applies to both commercial and residential settings. Whether an incident occurs in a retail store, a private residence, or a public venue, the fundamental principles remain the same, although each case’s specifics can vary significantly.

Duty Of Care

Property owners are required to fulfill a duty of care, which obligates them to maintain their premises in a reasonably safe condition for visitors. The level of duty owed changes based on the nature of the visitor involved. For example, invitees, such as customers in a shop, are owed the highest level of protection since they are present for business purposes. On the other hand, licensees, who may include social guests, are owed a somewhat lower level of care, focusing on warning them of known hazards. Trespassers, those who enter a property without permission, are generally afforded minimal protection. However, exceptions can apply, particularly in cases involving children. The failure to meet the appropriate standard of care can result in the property owner being held liable if injuries occur.

Attractive Nuisance Doctrine

The attractive nuisance doctrine addresses situations where children are injured by something on a property that naturally attracts their interest. Examples include swimming pools, abandoned vehicles, or unsecured construction sites, which may appear fun to explore but pose serious dangers. Even if a child enters the property without permission, a property owner can still be held responsible if the hazardous condition is both enticing and accessible. For instance, a swimming pool that lacks proper fencing could be considered an attractive nuisance, especially if children are likely to wander near it. In such situations, property owners are required to take reasonable measures to prevent children from accessing these dangers since the law recognizes that children may not fully grasp the risks involved.

Proximate Cause

Proving proximate cause is a key factor in premises liability cases. It means that the plaintiff must show a direct link between the property owner’s negligence and the injury sustained. For instance, if someone suffers a fall due to a spill that was not promptly cleaned up in a store, they must demonstrate that the spill directly caused their injury. Moreover, the harm must be a foreseeable result of the owner’s failure to maintain a safe environment. If the injury is considered too remote or unforeseeable, the property owner may not be held accountable. Establishing proximate cause requires demonstrating that the unsafe condition was a significant factor in causing the injury.

Burden Of Proof

The burden of proof in a premises liability case falls on the plaintiff, meaning that it is their responsibility to demonstrate that the property owner was negligent. This involves proving that the owner either knew or should have reasonably known about the hazard and failed to take appropriate steps to fix it or warn others. Evidence is often required, such as maintenance logs, surveillance footage, or statements from witnesses, to establish that the property owner had ample opportunity to address the issue but failed to do so. Meeting this burden can be challenging, especially if the property owner denies awareness of the hazardous condition, making it essential for the plaintiff to have a solid and well-documented case.

Taking Action in Your Premises Liability Claim

If you or a loved one has suffered an injury due to hazardous conditions on someone else’s property, we encourage you to contact us at David & Philpot, PL. You don’t have to face the financial and emotional burden of facing a personal injury lawsuit alone. Our firm puts victims first and we are ready to fight for you. Call now to schedule a free case evaluation and learn what your options are for recovering damages against a negligent property owner. Let our Orlando premises liability lawyer review your case and provide the guidance you need to seek the compensation you deserve.