Our Premises Liability Attorneys in Tampa Can Help
Filing a personal injury case can be a lot of work. Gathering evidence and witness testimonials can feel like a full-time job, and navigating the legal process and negotiating with insurance companies alone can be daunting.
If you were the victim of an accident on someone’s property, you may be eligible for compensation from the at-fault party. A property liability attorney from Kinney, Fernandez & Boire will help you with every step of the process to advocate for the maximum compensation for your injuries.
Most Common Premises Liability Cases in Florida
Premises liability is a broad category of cases detailing when someone gets injured on another person’s or a business’s property. While there are many examples of these types of cases, the most common Florida premises liability cases include:
- Amusement park and theme park accidents
- Assault and negligent security
- Dog bites and other animal attacks
- Elevator and escalator accidents
- Fire and burn injuries
- Single-vehicle accidents in parking lots or garages
- Slip and fall or trip and fall accidents
- Swimming pool accidents
Different Types of Visitors Under Premise Liability Laws in Florida
According to Florida’s premises liability law, there are three types of property visitors: invitees, licensees, and trespassers.
Invitees
Invitees are individuals who enter the property for a business or public purpose with the express or implied invitation of the property owner. Invitees can include business customers, friends, or family. They are often present for the mutual benefit of both parties.
Licensees
Licensees are visitors who enter a property with the owner’s or occupier’s permission, but not for commercial or business purposes that benefit the property owner. They are typically social guests, friends, or acquaintances visiting for non-commercial reasons.
Trespassers
Trespassers are those who don’t have a legal right to be on the property. If someone trespasses and suffers an injury, they cannot legally file a premises liability lawsuit against the property owner.
Further, Florida Statute 768.0701 states that if a third party commits a criminal act on a premises, the law must consider the fault of all those who contributed to the injury.
Compensation for Premises Liability Claims
A property liability lawyer can help you in collecting damages for your injury. Damages come in two forms: economic and non-economic.
Economic Damages
Economic damages are those you can document and calculate using receipts and bills. They include:
- Economic value of domestic services
- Loss of employment or business opportunities
- Loss of use of property
- Lost wages
- Medical expenses
- Medical bills
- Medical treatment
- Property damage
- Repair or replacement costs
Non-Economic Damages
Non-economic damages are more subjective and intangible. They include:
- Emotional distress
- Inconvenience
- Loss of consortium
- Loss of enjoyment of life
- Loss of society and companionship
- Pain and suffering
- Scarring and disfigurement
Because non-economic damages are more difficult to prove, you’ll want the help of a personal injury law firm to try to secure compensation for them.
Why Should You Choose Kinney, Fernandez & Boire as Your Tampa Premises Liability Attorney?
Hiring a property damage attorney from Kinney, Fernandez & Boire is one of the best decisions you can make when you file a personal injury case. Handling this task is never something you should do alone. Negotiating with insurance companies without proper guidance and legal advice could lead to you getting less than a fair settlement.
When dealing with serious injuries like a traumatic brain injury or spinal cord injury, you need to focus on the long road to recovery and reduce stress, not spend your precious recovery time arguing with insurance companies over the compensation you deserve.
Our team of personal injury attorneys has over 50 years of combined experience working on all personal injury claims, not just those related to premises liability. We also handle injuries from truck, bike, motorcycle, and car accidents and the wrongful death of a loved one.
Schedule a free consultation with our legal team at the Tampa office to get connected with one of the top personal injury lawyers in the state. Build the attorney-client relationship now to get the best representation possible.
FAQs About Premises Liability Attorneys in Tampa
Have some concerns? A Tampa premises liability lawyer from our law firm answers some commonly asked questions about premises liability.
What Is the Statute of Limitations on Premises Liability in Florida?
According to Florida Statute 95.11, the statute of limitations for negligence cases is two years. This includes property owner negligence in premises liability cases. While the law outlines some exceptions to the two-year limit, most cases fall within this timeframe.
What Is Negligence in Relation to Premises?
If a premises liability accident is due to negligence, the property owner failed to use reasonable care in connection with the property.
However, an injury alone doesn’t automatically mean the owner is negligent, nor does it mean they are liable. Consider this situation: At your apartment complex, the outside stairs and walkways that lead to your door are wood and become very slippery after it rains, mainly because the stairs are dirty and have moss growth. If the owner is aware of the dangerous condition and doesn’t do anything about it, should you fall and injure yourself, you could file a premises liability lawsuit.
That’s not to say that the property owner must remove and replace the staircases. Even a simple fix of pressure washing them and installing handrails can be enough to fix their unsafe condition. The owner is legally responsible for creating a safe environment for those living in and visiting the apartment complex.
Uncertain about who’s responsible for injuries on a condo or HOA property? Learn more about premise liability in condominiums and home associations.
What Is Needed to Prove Negligence?
To prove negligence, you must establish four key elements. They are:
- Duty of care: everyone must take care and precautions to avoid harming others
- Breach of duty of care: someone violated their legal responsibility to act with ordinary caution
- Causation: the lack of care caused the injuries
- Damages: proof of losses from the injury
Chapter 768 of Florida law provides much more details on the definition of negligence and how to prove it in court.
Importantly, proving negligence is complex and requires the skill of an attorney for property damage.
Let Kinney, Fernandez & Boire Handle Your Case
When you require a premises liability attorney in Tampa Bay, there’s only one place to go: KFB Law. Our knowledgeable team goes to bat to try to get the maximum compensation for your injuries.
Get your free case evaluation to learn how we can help with your unique needs.
