Cohen & Cohen Law Personal Injury Attorneys | Hollywood, FL | Call 800-332-6436

Premises Liability

Premises Liability Lawyer | Hollywood, FL | Call 800-332-6436

Experienced Attorneys Serving Premises Liability Accident Victims Throughout Florida

If you’ve suffered an injury while on someone else’s property in Florida, you might have a premises liability claim. Slip and fall cases, swimming pool accidents, negligent security situations, and other instances of the property owner’s or manager’s negligence can lead to such injuries. These incidents can heavily impact your life, from your ability to work, to completing everyday tasks or enjoying an active lifestyle. In order to seek compensation for the injuries you have suffered and may continue to suffer, have an experienced Florida premises liability attorney at Cohen and Cohen Law assess your case for negligence that may have caused your injury.

These accidents can happen in various locations, including restaurants, grocery stores, private residences, workplaces, amusement parks, stadiums, shopping malls, construction sites, or any other property you may be visiting. Some of these injuries can even be debilitating or fatal. While the level of care owed by Florida property owners to protect visitors from dangerous conditions may vary depending on the type of visitor, they are generally required to address known issues and provide warnings to prevent injuries.

At Cohen and Cohen Law, we help injury victims hold property owners accountable and seek financial compensation to help injured Floridians recover. If you or a loved one have suffered an injury on another person’s property in Florida, contact us for a free consultation. Based in Hollywood and serving all of Florida, our dedicated team of premises liability attorneys is here to assist you.

Types of Premises Liability Cases in Florida

If you’ve been injured on someone else’s property, it’s important to understand the different types of premises liability claims in Florida:

  • Slip, Trip, and Fall Accidents: These cases involve injuries that happen when you slip, trip, or fall due to unsafe conditions on another person’s property. For example, wet floors, uneven surfaces, or inadequate lighting can all lead to accidents. If you’ve suffered a fall injury, it can cause you significant medical bills and financial losses.
  • Negligent Maintenance: Property owners who fail to adequately maintain their premises can be held responsible for accidents such as falling debris or structural collapse.
  • Store Injury: This category includes a premises liability case involving injuries that happen at grocery stores, restaurants, apartment complexes, bars, clubs, or department stores due to unsafe conditions or negligence.
  • Elevator Injury: Malfunctioning elevators in buildings such as hotels or department stores can be dangerous. Escalator accidents are a similar type of premises liability incident. If an accident occurs that causes injury at a business establishment such as a mall or department store, the manager or property owner may be held responsible.
  • Swimming Pool Accident: Injuries that happen in or around swimming pools can be serious and even fatal. Lack of supervision, improper maintenance, or failure to comply with safety regulations are common causes. If you or a loved one have been injured in a swimming pool accident, you may have grounds for a wrongful death claim.
  • Negligent Security: This type of case arises when a person is harmed due to the lack of proper security measures on a property. Insufficient lighting, inadequate security personnel, or faulty locks can create an environment where assaults or robberies may occur. Property owners have a responsibility to provide adequate security and maintain a safe environment.
  • Construction Site Accident: Depending on the circumstances, managers of construction sites can be held liable for injuries suffered by visitors or passersby. Unsecured structures pose the risk of severe injury or wrongful death.
  • Condominium & HOA Accidents: Injuries occurring in condos or HOA residences may involve different liability rules. If you’re seeking a premises liability lawsuit or claim involving these types of property-related accidents in Florida, Cohen and Cohen Law can evaluate the circumstances of the incident, guide you through the legal process, and seek to recover compensation on your behalf.

The steps to prove premises liability negligence varies under each of these varieties of accidents. However, we will generally seek to demonstrate that the property owner or manager had actual or constructive knowledge of the dangerous condition on the property. This essentially means the manager or property owner knew or should have known, yet carelessly neglected to resolve the issue and/or effectively warn visitors. An experienced premises liability lawyer at Cohen and Cohen Law can evaluate your case to seek fair compensation under Florida premises liability law during your free consultation.

Florida Slip-and-Fall Accidents Have Several Potential Causes

Slip-and-fall cases are particularly common among premises liability claims. Contact our Florida premises liability attorneys at Cohen and Cohen Law today if you have suffered a fall do to any of the following circumstances:

  • Icy, wet, or otherwise slippery surfaces
  • Food or liquid spills
  • Potholes or defective sidewalks
  • Poor choice of floor covering
  • Improperly fastened carpeting
  • Debris left on walkways
  • Poorly-fastened or poorly-constructed display units

It is important to act quickly in premises liability cases, as issues involving unsafe premises are often quickly addressed by a property owner or property manager following an accident. This means important evidence central to your case to prove negligence and seek monetary compensation for related medical expenses and lost wages can vanish. This underscores the importance of quickly contacting a Florida premises liability lawyer.

Do You Have a Viable Florida Premises Liability Case?

Determining whether you have a premises liability case in Florida involves considering several important factors, which will have to show that the other party’s negligence and causation for the accident led to damages you have suffered:

First, We Must Establish the Duty of Care

Duty of Care means that the person who owns or occupies the property must have had a responsibility to ensure your safety. The level of this responsibility can vary depending on whether you were invited onto the property, had permission to be there, or were trespassing.

Next, We Must Demonstrate the Breach of Duty

Breach of Duty occurs when the property owner or occupier fails to uphold their duty of care. It could mean not properly maintaining a safe environment or failing to warn of any hazards. If the property owner or the manager of the property breached the duty of care owed to you, that would establish negligence.

Causation is Another Key Factor

Causation means that the injury must have been directly caused by the property owner’s negligence. In other words, if not for their actions or lack thereof, the injury wouldn’t have occurred.

After Demonstrating Negligence and Causation, We Must Evaluate Damages

Damages refer to the actual harm you have suffered due to the injury. These may include quantifiable losses like medical bills, future expenses, lost wages, and other out-of-pocket costs. Additionally, these can include intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, or loss of companionship.

If these elements are met, you may have grounds to pursue a premises liability case in Florida. Request a thorough, free assessment of your unique situation from the experienced Florida premises liability attorneys at Cohen and Cohen Law. We serve injured residents throughout Florida.

Which of The Following Roles Were Involved in Your Premises Liability Incident?

When it comes to premises liability scenarios in Florida, it’s essential to work with an experienced Florida personal injury lawyer to understand the implications for the various parties involved and their respective rights and responsibilities:

The Property Owner or Manager

The property owner or their assigns have a duty to maintain a safe environment and warn about any known hazards. Depending on the visitor’s classification (invitee, licensee, or trespasser), their level of responsibility may differ.

Invitees

These individuals are graciously invited to the property for business or public use. Some examples of invitees could include customers in a store, or park visitors. Property owners and managers owe the highest duty of care to invitees, which includes regular inspections to identify any unforeseen hazards.

Licensees

These are the guests or individuals who enter the property for their own purposes, not benefiting the property owner. In this case, property owners and managers have an obligation to inform licensees about any known dangers on the premises.

Trespassers

As the name suggests, these individuals enter the property without permission. Generally, property owners and managers do not owe any duty to adult trespassers, except to avoid intentionally causing harm.

However, if they discover a trespasser, they must exercise reasonable care for their safety. When it comes to child trespassers, a property owner or manager must ensure that attractive nuisances, such as swimming pools, are properly secured.

In Florida, there have been changes to personal injury law in 2023. These changes involve modified comparative fault, which is something to consider if you’re dealing with a premises liability case. With this rule, even if you are partially at fault — such as if you were trespassing or ignoring clear warning signs — you still have the right to seek compensation. However, the amount you can recover will be reduced based on your percentage of fault, and you would not be able to recover if you are more than 50% at fault.

Even though trespassing can limit your ability to seek compensation, it doesn’t completely eliminate it. If you have been injured on someone else’s property in Florida, reach out to the experienced premises liability lawyers at Cohen and Cohen Law. We will assess your ability to prove liability of negligent property owners under Florida law for a valid premises liability case.

How Insurance Companies Research Your Life to Try to Minimize Your Premises Liability Claim

Insurance carriers employ various techniques to gather an individual’s personal data and potentially reject premises liability claims. The following are some factors they consider:

  • Monitoring Social Media Activities: Insurance companies may monitor a claimant’s social media presence. Posts depicting physical activity or a lack of distress could be utilized to argue that the claimant’s injuries are not as severe as claimed.
  • Surveillance Measures: Some insurers conduct surveillance on claimants to gather evidence that contradicts their claim. This may include videos or photos showing claimants participating in activities that their alleged injuries should prohibit.
  • Thorough Incident Investigation: Insurers meticulously investigate each incident, which may involve on-site visits, interviews with witnesses, and review of available video footage.
  • Scrutiny of Medical Records: Insurers often scrutinize a claimant’s medical records for discrepancies or pre-existing conditions that could explain their injuries.
  • Suspected False Representation: Insurers might allege that claimants have misrepresented critical information regarding the incident or the extent of their injuries.
  • Assessment of Claims History: Insurance providers frequently evaluate a claimant’s past claims record. Multiple claims could lead an insurance company to categorize the claimant as someone who frequently files claims, potentially impacting their current claim.

Premises liability accidents happen every day throughout Florida, often leading to premises liability lawsuit settlements. Property owners owe visitors a duty of care to prevent injury, but it varies based on the circumstances of the visit. If you require assistance with premises liability claims or a premises liability lawsuit, reach out to Cohen and Cohen Law. We are dedicated to serving Floridians statewide. Request a free consultation with a Florida premises liability lawyer today, and protect your Florida premises liability case from day one.

Schedule a Free Consultation with Cohen and Cohen Law

Property owners in South Florida have a legal responsibility to make their premises safe for everyone who uses them. This includes consumers, clients, and any other person who walks in and out of buildings, such as residences, offices, parking lots, shopping malls, and more. If you’ve recently been injured on the grounds of a negligent property owner in Florida, our team at Cohen and Cohen Law is prepared to fight for your case. The knowledgeable legal team at our law firm based in Hollywood, Florida is committed to handling premises liability cases in all Florida counties.

Contact us today to schedule your free initial consultation with an experienced Florida premises liability attorney at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. You will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family.

We will collect important details of your case and guide you regarding the right way to proceed in pursuit of a Florida premises liability claim. This first meeting is always free, with no obligation or pressure. There is never a fee unless we win.

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Adam Mann | Personal Injury Attorney | Hollywood, FL | Call 800-332-6436

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