Of course you can't be assured of your safety when you leave your house each day. But property owners have a certain responsibility to keep their premises reasonably safe, and to take steps to remedy problems as they arise.
If you were injured at a retail store, public area, business or another type of property, then you may have a premises liability claim. For a free case review with our Naples or Fort Myers law office, please call Kelleher Law at 833-546-3675.
What Is Premises Liability?
Premises liability refers to injury claims related to unsafe premises. They arise from issues of negligence. When someone's negligence is the reason the injury occurred on the unsafe premise, then you may be eligible to pursue compensation in a claim handled by our lawyers.
Reasonable care must be taken on the part of the property owner to keep their premises safe. Leaky pipes, damaged walkways, spills – these are some of the prime examples of dangerous conditions that must be addressed. If you were hurt on someone's premises, it doesn't necessarily mean negligence caused the injury. The key in these cases is to show the property owner knew or should have known about the unsafe condition and did not take steps to remedy it.
The following are some of the most common types of premises liability claims:
Slip and fall accidents:
Slip-and-fall accidents occur when someone unexpectedly slips and falls down and suffers from injury as a result. These accidents commonly occur in restaurants, malls, schools, and retail stores. Legal action may be taken to cover the costs of the person’s injuries.
Dog attacks:
If a dog attack occurs on a property and the person who was bit was lawfully on site, legal action may be taken, especially if they suffer from an injury. Dog bites can lead to a number of injuries that require medical care, such as tetanus infection, rabies, redness, swelling, or chronic pain. While dog bites can be minor, some can cause life-altering injuries.
Falling merchandise displays:
When merchandise in a store is hung or placed high above common areas where customers are likely to be, legal action may be taken if anyone is injured from falling merchandise displacement. Common injuries that occur from this type of accident can include bruises, fractures, strains, and sprains.
Damaged sidewalks and walkways:
In both Florida and Georgia, it is the building or property owner’s responsibility to ensure that walkways and public paths to the property are safe for people to use. If dangerous debris, tree root damage, cracked concrete, uneven pavement, or other issues on the sidewalk or walkway cause someone to slip and become injured, the property owner can be held liable.
Inadequate or negligent security:
Depending on the type of property, security may be necessary. If a property or building owner fails to provide security when it is needed, legal action can occur. Customers on the property who may become victims of a crime or suffer injuries from another type of instance where security is needed but wasn’t provided may hold the property owners liable. Failure to provide security cameras and other measures of safety on a property may also lead to legal action.
Inadequate maintenance:
Not maintaining a property can lead to a number of issues, including injury. If a person who was lawfully on the property becomes injured on site due to inadequate maintenance, such as unrepaired fixtures or broken windows, the property owner can be held liable for the cost of injuries.
Unsafe swimming pools:
When opening up a swimming pool for public use, it is important to ensure it is safe to use. Swimming pool accidents may result in serious injuries such as oxygen deprivation, brain injury, and sometimes even death. Factors that make a swimming pool unsafe can include broken equipment around the pool, unmarked depths, lack of safety signs, pool lighting, alcohol or drug use, improperly trained pool staff, slippery surfaces, and damaged or defective flotation devices. Homeowners, property owners, and those in charge of maintenance of the swimming pool may be held liable if a swimming pool accident occurs.
There are many other examples. If you aren't sure if your situation qualifies, we urge you to call our law firm. We will review the details for free and let you know what your options are.
Unsafe Property Injuries
Assault, falls, head trauma, falling objects – all of these things are possible repercussions of an unsafe property. The physical injuries caused can be catastrophic:
- Back injury
- Neck injury
- Spinal trauma
- Broken bones
- Burns
- Puncture wounds
- Internal injuries
You may need assistive medical equipment, wheelchairs or in-home health aides because of these injuries. You may be unable to work, and your physical capabilities may be limited.
Compensation awarded in a claim handled by our lawyers allows you a measure of holding the responsible person accountable, and provides a way to deal with the expenses and financial losses caused by your injury. While we cannot guarantee a compensation award, we believe our history of successful settlements and verdicts demonstrates our ability to get the best possible results for our clients.
When Should I Contact an Attorney if I or a Loved One Is Injured on Public or Private Property?
You should contact a lawyer for help with a premises liability injury in cases where an accident results in serious injury or death. Serious injury includes traumatic brain injury, spinal cord injury, and others that can have a lasting impact on physical, emotional, and cognitive abilities.
A lawyer can help you seek more significant compensation than you have been offered by insurance in cases where additional compensation is justified. If you are uncertain of your right to file suit, use the contact form on this page or give us a call to schedule a free case review right away.
Who Should a Premises Liability Lawsuit Be Made Against?
A premises liability lawsuit can be filed against the owner or manager of a property. In some cases, this will be a private individual or business. In others, it may be a corporation or even a government entity.
Determining who is liable for your injury is one of the most compelling reasons to hire an attorney. Through the investigative process, the party responsible for maintaining the property can be identified, along with all instances of negligence, helping to build your case and allowing you to seek more complete compensation.
What Is the Statute of Limitations for Premise Liability in Florida or Georgia?
In the state of Florida, you have four years to file a personal injury claim following injury on someone else’s property.
In the state of Georgia, you have two years from the date of your injury to file a claim.
Waiting to take legal action is never a good idea. Too much time in between injury and action can complicate the investigative process, limit your attorney’s ability to identify all liable parties, and work against your best interests. If you suspect you have cause to file suit, call us right away to start the process of seeking real and fair compensation.
How Can I Prepare for My Case in Court?
To secure fair compensation, you will need to prove that your injury was the result of someone else’s negligence. This can require testimony from a variety of witnesses and experts. It can also require several different filing, motions, and mandatory attempts at mediation.
Remember, even if you are preparing your own case, the defense will have an attorney. You must prepare your case to counter anything they may bring to the claim.
When you work with Kelleher Law Firm, we will make all necessary preparations for your case. While nearly all personal injury claims settle pre-trial, we prepare every claim for any eventuality, enabling us to respond appropriately to anything the defense brings. If you have been injured or a loved one has been killed, you don’t have to go it alone. Get in touch today to schedule your cost and obligation-free case review to learn more about your rights and your options.
Contact Kelleher Law in Florida or Georgia for Help with Your Premises Liability Claim
If you are unsure which steps to take next regarding your premises liability claim, contact the team at Kelleher Law today. Our experienced attorneys utilize their years of experience in fighting for maximum compensation on your behalf.
Kelleher Law has law offices conveniently located in Naples and Fort Myers, Florida, and in Atlanta, Georgia. We can determine if you have a premises liability claim. If you choose to move forward with us as your attorneys, we will fight aggressively and tirelessly in pursuit of compensation on your behalf. To schedule a free consultation, contact us or call 833-546-3675.
