Although most people do not expect to suffer a catastrophic injury in a Wesley Chapel grocery store, it does happen. A simple spill in an aisle or a slick floor can mean devastating harm, excruciating pain, and extensive medical bills that can forever change a person’s life.
However, if you have been injured in a premises liability accident because of another person’s reckless, intentional, or negligent actions, you should not be left to pick up the pieces and deal with the physical, mental, and financial repercussions on your own.
Rather, you need a skilled personal injury attorney on your side, fighting for your rights and going after the compensation you deserve. Fortunately, with a Wesley Chapel premises liability lawyer from LMD Injury Lawyers, Accident Injury Attorneys, you can get this legal assistance, plus so much more.
Over the last twenty years, LMD Injury Lawyers, Accident Injury Attorneys have been committed to providing aggressive advocacy to clients affected by a personal injury. Due to our extensive experience taking on these types of cases, we understand what a challenging time this can be in a person’s life.
However, we also know that these individuals can start rebuilding their future after their horrifying accident with just compensation. That is why our premises liability attorneys take pride in personally handling every detail of our clients’ cases in Wesley Chapel while also providing them the guidance they require to get through this difficult ordeal.
As a result of this hard work and dedication, we have not only grown considerably since our founding, but we have also helped thousands of clients get the justice they are entitled to and won millions of dollars on their behalf through settlement negotiations and jury verdicts.
Yet, although each case is different and we cannot guarantee a winning result for every claim we take on, when you work with LMD Injury Lawyers, Accident Injury Attorneys, you can rest assured that with us as your advocates, we will fight hard for every last dollar you deserve.
A premises liability suit holds a landowner responsible for any damages arising from an injury that occurred on their property because of a defective or unsafe condition.
In Florida, property owners have to make a reasonable effort to maintain a safe environment for visitors who come onto their property. If they fail to keep their property safe, they can be held responsible for any harm that results.
Even though there are a variety of accidents that can give rise to a premises liability lawsuit, in Wesley Chapel, some of the more common incidents that result in these claims include:
Yet, if your accident is not listed above, but you believe you still have a premises liability claim, make sure you reach out to a skilled Wesley Chapel lawyer, such as those at LMD Injury Lawyers, Accident Injury Attorneys, as soon as possible. These attorneys can review your accident, determine if you have a viable legal case, and figure out what legal options you should pursue.
Because premises liability accidents are so unique, the harm and injuries that result can differ substantially depending on the circumstances of the incident.
However, in general, victims of a premises liability accident tend to experience the following injuries:
As mentioned above, Florida’s laws indicate that a property owner is responsible for taking care of their premises and making sure it is free of hazards. If they do not, they can be held accountable for the losses and injuries that occur on their property.
However, to determine the extent of this liability, it first needs to be decided what the victim’s status was when they entered onto the land or the property, since this status can affect the scope of the owner’s responsibility to them.
For instance, consider the following classifications:
A licensee is an individual who enters another person’s property for their own benefit, purpose, or pleasure, such as a social guest. As a result, a property owner must keep their property reasonably safe and warn anyone of any dangerous conditions.
On the other hand, an invitee is an individual who enters another person’s property because they were invited onto it.
In Florida, there are two types of invitees: the business visitor and the public invitee.
Public invitees and business visitors are afforded the highest degree of protection, which means that property owners must regularly inspect their premises and fix any hazardous conditions on the property. If the condition cannot be repaired, they need to warn these invitees of any dangerous condition they know exists or should have known about.
An individual who enters another person’s property or land without an invitation is a trespasser under Florida Statute § 768.075. These trespassers do not have a right to be on the land.
Consequently, the only duty owed to these trespassers is a duty to exercise reasonable care to prevent intentional or reckless injuries. However, if an owner discovers one of these trespassers on their land or property, they have to warn them of any dangerous conditions that may not be apparent to the trespasser.
Unfortunately, determining an individual’s classification in a premises liability case is not always as straightforward as many people assume it will be. In truth, a court will often have to go over numerous factors and use a “reasonableness standard” to figure out whether someone is an invitee or a licensee. This means that the court will need to look at evidence from an average person’s standard and how they would view the evidence under similar circumstances.
Typically, the court will often ask the following questions to determine a person’s classification:
For these reasons, if you are thinking about bringing a premises liability claim, it may be in your best interest to speak to an experienced Wesley Chapel premises liability attorney, such as those at LMD Injury Lawyers, Accident Injury Attorneys. These attorneys can figure out what your classification was at the time of your accident, determine what duty the property owner owed to you, and confirm whether the owner breached this duty.
If you have been injured in a premises liability accident, the last thing you want to do is think about what type of evidence you need to gather from the scene or what steps you need to take after the accident. However, you need to be aware that the actions you take after these accidents can not only keep you safe but can also protect your legal rights. That is why you need to consider doing the following:
Following a premises liability accident, you need to get looked over by a doctor, regardless if you think your injuries are not that serious. This is because some of the most severe injuries, such as brain trauma, can take days to manifest. However, the longer you delay getting medical treatment, the more serious and deadly the injury can become.
In addition, getting this treatment can also help your legal claim. In many instances, if you do not get prompt medical treatment, the insurance company will try to argue that your injuries are not that serious or a result of a subsequent event.
However, by getting examined by a doctor after the accident, you can obtain a medical report that can serve as evidence of a direct connection between the injuries you sustained and the premises liability accident in question.
After the accident, you need to either let the property owner know about the incident or file a report with the business establishment where the accident took place. Not only do most businesses require these reports, but they can also serve a major role in a premises liability case where there is a dispute about how the accident occurred.
For these reasons, when you are filling out this report, you want to make sure you create a clear and detailed account of the accident, but avoid assigning fault or taking the blame for anything that happened.
If possible, try to gather as much evidence from the accident as you can. This should include videos and pictures of the dangerous condition that caused your injuries, your visible damages, and any other evidence that can help show what happened. In addition, try to gather all the reports (police and medical reports) and documents indicating further proof of injuries.
If there were people at the scene, make sure you get their names and contact details. These witness statements can often provide valuable information about the incident and help back up your claim.
727-849-5353