New Port Richey Premises Liability Lawyer

Premises liability cases can be complicated to define. According to Florida law, to pursue a premises liability case against the owner or manager of a premises where you were injured, you must “prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”

Premises liability claims usually arise when an unsafe condition on a premises causes you to suffer an injury. You may slip and fall, trip and fall, or something similar. The most common causes of premises liability accidents in New Port Richey include:

• Slips and falls on water or ice.
• Trips and falls that occur because of broken floorboards or stairs, misplaced cords, open cupboards, etc.
• Swimming pool accidents due to inadequate supervision of swimmers.
• Construction site accidents when managers fail to post warning signs for those driving or walking by.
• Parking lot accidents because of unsafe conditions or the failure of the property manager to install security measures.
• Lack of security when a property manager failed to provide lights and cameras on their property.

As you can see, the main causes for premises liability claims arise when an owner or manager fails to adequately address dangers on their property. However, there are some variations regarding how much responsibility a manager or owner must claim.
As with any accident that leads to personal injury, gathering evidence is necessary to prove that someone else was responsible for your accident and subsequent injury. If you can’t prove it, you won’t gain anything from a lawsuit.

In addition, you may need to prove that you were an invitee (i.e., a customer or invited friend) or a licensee (i.e., a visitor or independent contractor), not a trespasser, as Florida doesn’t always hold owners responsible for injuries to people trespassing on their property.

Here is what you need to make clear if you are to successfully claim and receive compensation for your injuries:

1. Prove that you were not trespassing or drunk when you entered the premises.
2. Prove that the owner or manager owed you a duty of care such as any reasonable person should expect.
3. Prove that the owner or manager acted negligently by failing to provide you with the care you deserved.
4. Prove that the negligence of the owner or manager caused you to have an accident.
5. Prove that the accident severely damaged your way of life.

If your lawyer can help you prove these things, you should be able to pursue a premises liability claim against the owner or manager who allowed you to suffer injury.

After experiencing an accident, most victims have many questions. Here are some of the most common that pertain to premises liability.

Q: Who Should Be Held Responsible for My Accident?

A: In some situations, it can be hard to know who exactly is responsible for your accident. In many cases, it will be the property manager who failed to address an obvious danger on the premises. However, you may also be able to sue the property owner, especially if they didn’t hire a manager to work below them on caring for the property.

If you’re not sure who injured you, is reach out to a premises liability lawyer who can research the accident and determine liability.

Q: What Kinds of Damages Can I Collect Compensation for in a Premises Liability Claim?

A: As you may know, the method of calculating how much compensation you can receive from a premises liability lawyer depends on what kinds of damages you suffered, whether economic or non-economic.

Various factors will determine what your case is worth and what you can use to determine how much compensation you deserve. The common damages you can collect in premises liability claims include:

• Medical expenses for emergency room visits, surgeries, ongoing therapy, medication prescriptions, and the cost of medical equipment.
• Property damage expenses, if applicable (e.g. if you broke your phone in a bad fall).
• Loss of income from time taken off of work to recover from your injuries.
• Loss of earning capacity if you cannot return to work in the same capacity or position as you worked before your accident.
• Pain and suffering from all your physical and mental injuries.
• Emotional trauma or distress (e.g. ongoing nightmares, PTSD, etc.).
• Loss of life enjoyment from activities you can no longer perform after your injuries.
• Loss of consortium if you lost strong relationships with loved ones after the accident.
• Disfigurement or scarring as well as any accompanying humiliation.

Depending on the circumstances of your case and the kind of evidence you have available, the kinds and amounts of damages you can recover may vary considerably. You must get in touch with a lawyer as soon as possible to ensure that you get all you deserve and gather the evidence necessary to pursue it.

Q: What Is the Process of a Premises Liability Claim?

A: If you’re not sure how it works, here is a quick rundown of the steps you can expect to follow when you decide to pursue a premises liability claim against the at-fault party (i.e., the defendant).

1. Call a premises liability lawyer for a free consultation to determine the extent of your case and how to get started.
2. Meet with the lawyer in person to discuss the case in-depth and sign a contract so that the lawyer can act as your legal representation.
3. Gather evidence such as medical bills and records, witness testimonies, and other important information your lawyer can use in the initial demand letter.
4. Send a demand letter detailing the circumstances of your accident and the damages you have suffered because of it.
5. Receive a response from the defendant either rejecting your demand or making an initial settlement offer.
6. Continue gathering evidence with help from your lawyers. Lawyers will find any evidence the defendant’s lawyers may have and will take interrogatories (written questionnaires) and depositions (verbal questionnaires) from each involved party.
7. Negotiate for a favorable settlement.
8. Go to court if you cannot settle.
9. Argue your case in court. Your lawyers will take care of most of this work by gathering and presenting evidence before the judge and jury assigned to your claim. You will likely have to testify, as will any witnesses and potentially some of your family members.
10. Receive the verdict handed down by the judge and jury and then, with help from your lawyer, take home your settlement check to pay off your bills and get back to living your life as normally as possible.