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 Wesley Chapel 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 skilled legal help on your side, fighting for your rights and going after the compensation you deserve. Fortunately, with Lucas, Macyszyn & Dyer Law Firm Injury Lawyers, you can get this legal assistance plus so much more.
Lucas, Macyszyn & Dyer Law Firm Injury Lawyers – Wesley Chapel’s Premises Liability Lawyers
Over the last twenty years, Lucas, Macyszyn & Dyer Law Firm Injury Lawyers 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 attorneys take pride in personally handling every detail of our clients’ cases 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 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 Lucas, Macyszyn & Dyer Law Firm, you can rest assured that with us as your advocates, we will fight hard for every last dollar you deserve.
What Is a Premises Liability Claim?
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 that come onto their property. If they fail to keep their property safe, they can be held responsible for any harm that results.
Common Accidents in Wesley Chapel That Can Result in a Premises Liability Claim
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:
- Swimming pool accidents
- Escalator incidents
- Elevator accidents
- Flooding, especially since Wesley Chapel has a moderate risk level of flooding, with projections showing that properties in the area have a greater than 26 percent chance of being severely affected by flooding
- Defective conditions
- Dog bite incidents
- Construction site accidents
- Negligent security
- Toxic chemicals
- Slip and fall accidents, such as at a Publix Super Market or a Winn-Dixie because of a spill on the ground that caused customers to slip and fall and injure themselves
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 premises liability lawyer, such as those at Lucas, Macyszyn & Dyer Law Firm, 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.
Common Injuries Resulting from a Wesley Chapel Premises Liability Accident
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:
- Head and brain trauma
- Back and neck injuries
- Spinal cord damages
- Soft tissue injuries
- Broken bones
- Facial trauma
- Internal organ damage and bleeding
- Deep lacerations
- Electric shock
- Toxic chemical illnesses
Who Is Allowed to Bring a Premises Liability Claim in Wesley Chapel?
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 that 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 enter a premises and remain there as a member of the public for a purpose for which the property is held open. For example, one of the most common examples of a public invitee is a library patron or those who visit the Wesley Chapel William C. Brown Library.
- Business visitors are people who enter another person’s property and remain there for purposes related to business dealings with the land’s possessor, such as individuals who are shopping at The Grove at Wesley Chapel.
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. 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.
Determining an Individual’s Classification Following a Wesley Chapel Premises Liability Accident
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:
- Why was the person on the property?
- Was the accident foreseeable?
- Could the property owner anticipate the accident?
- Were there any efforts made to warn the injured individual of the dangerous conditions on the property?
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 Lucas, Macyszyn & Dyer Law Firm. 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.
The Steps You Should Take After a Wesley Chapel Premises Liability Accident
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:
Get Examined by a Doctor
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.
File a Report
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.
Gather Documents and Photos
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.
Speak to Witnesses
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.
Contact Lucas, Macyszyn & Dyer Law Firm Today to Get the Legal Help You Need
Getting compensation for your losses and injuries after a Wesley Chapel premises liability accident requires you to bring sound legal arguments and relevant evidence that can help show what happened and who was at fault for the harm you sustained. However, after this devastating accident, this is probably the last thing on your mind.
Thankfully, with a Wesley Chapel premises liability attorney at Lucas, Macyszyn & Dyer Law Firm working on your case, you will not have to worry about taking on this legal battle yourself.
In fact, once you retain our firm, we can:
- Evaluate your case, determine if you have a viable claim, and determine your legal options.
- Investigate your premises liability accident and secure the evidence needed to prove fault and damages.
- Bring in experts such as doctors and accident reconstructionists to substantiate your claim.
- Take on the insurance company and fight for the fair settlement you need.
- Head to trial if the other side is unwilling to negotiate fairly and go after maximum damages.
That is why if a Wesley Chapel premises liability accident injured you or a loved one, do not wait to get the legal help you need. Instead, reach out to Lucas, Macyszyn & Dyer Law Firm today at (813) 849-5353 for a free case evaluation, and let us show you how we can help.