Accidents can happen to anyone in Boca Raton, no matter how careful they are. If you were injured on someone else’s property in Florida, whether it was their home or a place of business, you are protected under the state’s premises liability statutes and our Boca Raton personal injury lawyers can help you get the compensation you deserve.
Learn the relevant rules in your case and how you could work with a Boca Raton premises liability lawyer from GED Lawyers. Let us help you pursue a premises liability accident claim against the responsible party. Their negligent behavior created the hazardous conditions so you deserve maximum compensation.
What to Know About Premises Liability in Boca Raton
Like other property owners throughout Florida, anyone in charge of a Boca Raton property is also responsible for ensuring their welcomed guests are reasonably safe from harm within the premises. For example, if there is ongoing renovation work or other unsafe conditions on the property, the owner could set up adequate warning signs or block off the area. This way, visitors are less likely to venture in and get injured by a construction hazard or suffer a fall-related injury.
Besides the owner, a tenant can also be the liable party for accidents on the property. To illustrate, suppose you got injured inside a retail store located in a mall. The store would be the at-fault party for your condition, not the mall itself since the store would be responsible for the space they rented.
Your Boca Raton premises liability lawyer can help search for proof of the property owner or tenant’s fault. These can include witness reports and security camera footage.
Specific Rules on Slip and Fall Liability
Boca Raton also has special rules regarding slip and fall accidents, as found in Florida Statutes § 768.0755. This statute states that a business can be at fault in a slip and fall case if it knew about the hazard long enough to have had ample time to deal with it. The same goes for dangerous conditions that occur regularly in the establishment that the business owner should already know how to handle.
Exceptions to the Liability Rule
While a Boca Raton property owner or tenant is typically responsible for their guests’ safety, Florida Statutes § 768.075 places limits on how liable they can be when it comes to trespassers. In general, they are not at fault for a trespasser’s injury if:
- The trespasser committed a crime or was about to commit one
- The trespasser was under the influence of drugs or alcohol
In other words, a trespasser cannot claim they were injured due to inadequate lighting in the middle of the night if they were on private property or in a private residence. A trespasser is not owed a duty of care if they have no right to be on the premises.
On the other hand, the party in charge of the property must also refrain from purposefully creating hazards to harm trespassers if they want to avoid a personal injury claim.
Common Types of Injuries From Premises Liability Accidents
Property owners or managers who fail to maintain safe conditions leave the public open to a wide range of severe injuries.
Here are some of the more common types of hazards that result from negligence:
- Swimming pool accidents
- Animal bites
- Trip and fall accidents from uneven floors or broken stairs
- Inadequate security leading to injuries at public venues
- Wet floors
- Icy sidewalks or parking lots
- Unsecured hazardous material
Many of these can lead to catastrophic injuries like spinal cord injuries or traumatic brain injuries. Any of them can lead to expensive long-term medical care. You need a law firm that will fight for fair compensation and GED Lawyers is ready to do just that.
How to Pursue Damages After Your Accident
A premises liability lawyer from our law firm can review your accident to guide you on the next best course of action. Depending on the circumstances surrounding you and the party in charge of the premises, they could advise you to file either an insurance claim or a lawsuit. They can also consider whether you may be open to settling privately with the property owner.
Our legal team can help you comply with your filing requirements and present your case to the insurance company or the civil court.
Insurance Claims
Besides bringing a claim to your health insurance provider, you might be able to file a liability claim against the tenant or property owner to recover your accident-related expenses. Liability coverage pays for a victim’s damages when the policyholder is at fault in an accident.
If you were injured on a residential property, you could check if the property owner carries homeowners’ insurance. This policy generally includes liability coverage. If your accident happened in a commercial space, the at-fault business might carry commercial liability insurance even though it is not mandatory here in Boca Raton.
However, the other party’s insurance provider is not on your side, so you might not get a fair initial offer from the claims adjuster. If such a problem arises, your premises liability lawyer can help you negotiate for a more agreeable settlement.
Filing a Premises Liability Lawsuit
There are situations where an injury lawsuit would be preferable to a liability claim. For instance, the liable business might not have liability insurance. Perhaps you might also be dealing with a property owner with insufficient coverage.
In a Boca Raton premises liability lawsuit, the Palm Beach County civil court will preside over the case. They will determine how much you can recover after assessing the statements and evidence from both sides. Since the insurance company no longer has the authority to decide the settlement amount, the court could order the property owner or tenant to compensate you beyond their policy limits.
Your Boca Raton premises liability attorney can represent and advise you in court proceedings until the judge and jury reach a verdict on your case.
Florida’s Statute of Limitations Has Changed
A crucial aspect of filing any action is complying with Florida’s filing deadlines known as the statute of limitations. Before March 2023, Florida’s premises liability law allowed 4 years to file a claim. Now that window has been shortened to only 2 years by HB 834/SB 236.
Personal injury lawsuits or claims filed outside of this window may be rejected. Our experienced attorneys can help check on your progress and assist with tasks to help ensure you can file on time.
How Sharing Fault Impacts a Premises Liability Case
Successfully settling the premises liability claim or lawsuit lets you recover damages such as medical expenses and lost wages. You could also get compensated for the pain and suffering you experienced. However, you might not get the full settlement amount if the insurance claims adjuster or the court deems you partly liable for your injury.
For example, they could find you 40 percent liable for running in a store with a wet floor, making you more likely to slip and fall. However, the store still holds more fault for failing to place warning signs. As a result, they owe you 60 percent of your damages.
Your premises liability lawyer can check whether you have sufficient evidence to prove your case, which can help reduce the liability placed on you.
Consult with Our Boca Raton Premises Liability Lawyer
With 27 years of experience in Florida personal injury law, GED Lawyers is always ready to help you act against those who wronged you. Contact us today for a free case evaluation with a compassionate team member.
Besides premises liability cases, our injury law practice areas range from auto accidents and dog bites to product liability and mass torts. Call us anytime or speak with our 24/7 live chat team online if you have any case concerns or service inquiries.
