Clearwater Premises Liability Attorneys

Can I Recover Damages If I’m Being Blamed for Getting Hurt on Someone Else’s Property?

Insurance companies and property owners often blame accident victims for causing their own injuries. Some of those allegations might even seem convincing–even if they’re entirely illegitimate. It’s important to understand your rights before you back down.

If you share partial blame for an accident, you may still be able to recover damages. Florida’s modified comparative fault law apportions liability between all parties who share responsibility for an accident. If someone else was mostly responsible, you could sue for damages. However, your own compensation award will be reduced in proportion to your share of fault. And because of Florida’s “51% rule,” you cannot recover damages if you share the majority of the blame.

Is the insurance company trying to scare you into accepting a lowball settlement? Call Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for a free case evaluation today. We’d be happy to stand up for your rights.

We’ll Fight to Recover Compensation for All of Your Injuries

Whether you slip and fall at a baseball game or are bitten by a friend’s dog, your injuries can impact your life in more ways than you might think.

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we represent clients in premises liability cases involving:

• Broken bones
• Burns
• Brain injuries
• Spinal cord injuries
• Head and neck injuries
• Concussions
• Back injuries
• Amputations 
• Paralysis
• Respiratory illnesses

Some injuries are so catastrophic that they can cause the wrongful death of a loved one. Our lawyers can also help you fight to recover damages for wrongful death if your loved one was killed on someone else’s property.

We Handle All Types of Premises Liability Claims

Florida laws on premises liability cover a broad range of accidents that happen on another person’s property. You might have a valid premises liability lawsuit if you were hurt at the grocery store, at a restaurant, or even while visiting a friend’s home.

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we handle all types of premises liability claims, including those involving:

• Slip and fall accidents
• Negligent security
• Assault
• Sexual assault
• Swimming pool accidents
• Broken elevators and escalators
• Negligently maintained sidewalks and parking lots
• Playground accidents
• Amusement park accidents
• Hotel accidents
• Bed bugs
• Electrocution 
• Cruise ship accidents
• Building code violations
• Dog bites and animal attacks

If the property owner failed to take reasonable steps to keep you safe, you could have a claim for damages. To learn more about your legal options, call our Clearwater premises liability attorneys for legal advice today.

How Do I Prove Negligence in a Florida Premises Liability Case? 

All negligence claims involve four basic elements, including:

• A legal duty of care
• Breach of duty
• Causation 
• Damages 

In other words, to hold another party responsible for damages, victims are required to provide evidence about the property owner’s duty of care and how the breach caused their injuries.

Under Florida premises liability laws, the duty of care varies depending on why the victim was present on the other person’s property. For legal purposes, victims are classified as business invitees, licensees or trespassers.

Business Invitees

Business invitees are “invited” onto another person’s property for some type of business purpose. 

You’ll be classified as a business invitee if you are:

• Shopping in a grocery store or shopping mall
• Staying in a hotel
• Dining in a restaurant
• Enjoying a bar or nightclub
• Attending a sporting event or concert 
• Participating in a business meeting 

Property owners owe a heightened duty of care to business invitees and must:

• Maintain the premises in safe condition
• Provide adequate warning about any hazardous conditions
• Conduct regular inspections to identify and fix unsafe conditions

Business owners can be held liable if they:

• Knew about the dangerous condition and failed to fix it or provide adequate warning
• Reasonably should have known about the danger and failed to remedy it

The property owner’s duty extends to both the interior and exterior of the property. You may have the right to compensation even if you’re hurt in the parking lot before you even enter the business.

Licensees

Licensees are social guests. Property owners have a duty to warn guests about any known dangers. However, their responsibility is limited because they have no duty to inspect the property to find hidden hazards.

Trespassers and the Attractive Nuisance Doctrine

Property owners generally aren’t responsible for injuries sustained by trespassers. If you’re on another person’s property illegally, the owner’s only duty is to avoid harming you intentionally.

The law creates an exception for children. Under the “attractive nuisance doctrine,” property owners may owe a duty to provide safeguards for children who trespass. That’s because kids aren’t always able to evaluate risks in the same way as adults.

An attractive nuisance is something on the property that’s dangerous and likely to appeal to children. For example, property owners in Clearwater are required to take steps to keep children away from swimming pools and ponds. That might mean installing fences or locked gates, depending on the circumstances.

How Long Do I Have to File a Premises Liability Lawsuit in Florida?

The Florida statute of limitations for most personal injury cases has been adjusted. The deadline is two years if your incident happened on or after 3/24/2023, and it is four years if your incident took place before that date. If you don’t file a lawsuit within four years of your accident, you’ll forfeit your right to compensation. Since there are exceptions to these deadlines in some instances, it is recommended that you contact a lawyer to determine the correct time limit for your specific case.

Were you injured on someone else’s property? Don’t hesitate to call a Clearwater premises liability lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for help today. Your initial consultation is always free.