Premises liability can be a very complicated area of the law to sort through without the assistance of an experienced attorney. The legal analysis is different depending on whether a person was injured due to a defective condition on the property or whether the injury was caused by the negligent conduct or acts of the person in control of the property. Negligent conduct or acts encompass a wide variety of scenarios, so it is best to discuss your particular case in detail with an attorney.
Generally, a person who occupies or owns the property is the individual that could be liable for injuries to those entering onto the property. There are a number of Florida Statues that apply when evaluating a premises liability case. For example, a residential landlord’s liability for injury caused by dangerous conditions both within the leased property and in the common areas of the property, may be governed by the Florida Residential Landlord and Tenant Act, as well as other statutes. A person who owns, occupies, or controls real property has a duty to exercise reasonable care in the management of the property in order to avoid exposing individuals who enter the property to an unreasonable risk of harm or injury.
The Florida Supreme Court has distinguished between injuries caused by the active use of a property and those that result from a defective condition. The first step is determining whether the injured person was owed a duty of care by the property owner. The Florida Supreme Court has held that a person in possession of the property, who engages in any activity on the property, owes a duty of care to all persons, regardless of their legal status. However, in cases where the injured person is claiming that there was a defective condition on the property that caused the injury, the law requires an analysis of the person's status. A person's status is determined by whether they are an invitee, licensee, or trespasser. The person's status may then determine whether the owner or possessor of the property had a duty of care. Generally, in order to pursue claim for negligence, the injured person must show (1) a legal duty owed by the owner or possessor to the injured person (2) a breach of that duty and (3) injury to the person making the claim which was caused by the owner or possessor's breach of duty, and (4) resulting damages caused by the injury. Where a person is claiming injury for premises liability it also must be shown that the person you are pursing a claim against was in possession or control of the premises that person had notice of the dangerous condition. As you can see, a lot depends on the facts of your case and that is why it is important to consult with an experienced injury attorney.
A wrongful death claim is one that is brought by the personal representative of a person's estate after the person has died. In cases where a personal representative has not been appointed, the attorney handling the wrongful death case will typically handle opening an estate and appointing a personal representative. The Wrongful Death Act allows the personal representative of a decedent’s estate to institute an action only if the injured person, at the time of his or her death, possessed a cause of action for the injuries that ultimately caused the death. The wrongful death plaintiff must prove the elements of the underlying cause of action to prevail. There are not two causes of action existing simultaneously. The injured person’s death extinguishes the personal injury cause of action that existed in favor of him or her prior to death, and gives rise to the wrongful death cause of action.
The Florida dog bite statute imposes strict liability for any damage the dog causes a person, other animals, or livestock. The owner of the dog in Florida is the person who is liable for the dogs actions and does not have to be aware of the dog's vicious propensities in order to be liable. However, a dog owner is not strictly liable for a person who is bitten while trespassing on the owner's property. The injured person must have been in a public or private place he or she legally had a right to be. In certain circumstances, the owner posting a sign that states "Bad Dog" might be enough to protect the dog owner from being legally responsible for the injuries. However, it is not clear cut and the Florida courts have interpreted the dog bite statute in many cases. There can be issues about how a sign was displayed or whether the injured person was told to ignore the sign. Additionally, it is not always clear who the owner of the dog is or whether a person was trespassing on the property.
Therefore, it is important to consult with a knowledgeable injury attorney like Ms. Snead to fully discuss all of the issues in your case.
Ms. Snead has the experience, knowledge, and resources necessary to help obtain financial compensation for your medical expenses, loss wages, and pain and suffering which you may be due under Florida law.
If you do not currently have a personal injury attorney, call Lakeland personal injury attorney Darla K. Snead at 863-619-5291 for a free evaluation of your case.
Negligence results when a person fails to use reasonable care in their actions or conduct. Florida is a comparative negligence State. That means that each party is assigned a percentage of fault in the case and recovery is based on that percentage of fault. Therefore, even in cases where a person was partially at fault in the accident, that person may still be able to recover money damages for their injuries, or for the wrongful death of a family member. In other cases it is clear that one person is 100% at fault, so that person could recover 100% of the money damages they are entitled.
The insurance companies involved are typically very large corporations, which are often not looking out for what is best for the injured person. If you were involved in the accident, it is oftentimes difficult to be an effective advocate for yourself when are in pain, worried about missing work, and going to the doctor, all while still trying to take care of your own family. That's why it is very important to contact an experienced injury attorney who will advocate on your behalf and negotiate with the insurance companies.
Personal injury cases can consist of many types of cases that result in the injury of a person. Sometimes, in severe accidents, the death of a friend or family member may result. Ms. Snead has experience litigating many types personal injury and wrongful death cases. Those include car accidents, motorcycle accidents, trucking accidents, pedestrian accidents, dog bites or other kinds of negligent acts that occur on another's person’s property. All personal injury, wrongful death or negligence cases are handled on a contingency fee basis, which means that you only owe an attorney’s fee when a successful resolution is reached in your case. Additionally, it means that we advance all money required to pursue the claim, obtain your medical records or file a lawsuit. If you are searching for an experienced personal injury lawyer to discuss whether you have a legitimate case arising from an accident which resulted in your injury or the wrongful death of a loved one, Ms. Snead offers a free consultation to discuss your case in detail. We strive to secure the maximum amount of compensation possible for the type of injury sustained by our clients.