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Jacksonville Premises Liability Lawyer

Premises Liability Attorneys in Jacksonville, FL

Property owners are required by law to maintain their premises in a safe condition. When a person is injured on the land or premises of another, the law of premises liability determines how they are compensated. The potentially liable party can be a store owner, factory owner, homeowner, or just about anyone who owns land or structures on land. In general, a premises owner of either residential or commercial property is responsible to be aware of and eliminate dangerous conditions on their property. Since business owners aggressively attract consumers to their property, they are often held to higher standards.

In most cases, a person injured on someone else’s residential or commercial property must prove that a dangerous condition was the cause of the accident, and the owner or possessor of the property knew or should have known about the hazardous condition. The law determines whether the owner or occupier of property was negligent by deciding if the steps the owner or occupier took to keep the property safe were reasonable.

Premises liability laws are complex and often confusing. Call 904-309-6500 today to speak directly with a Jacksonville premises liability lawyer at Spohrer Dodd Trial Attorneys about the specifics of your claim.

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Representing Property Accident Victims In Florida And Beyond

The laws of premises liability apply for persons invited onto the property for business or personal reasons, and also extend protection to other visitors, even trespassers. A residential or commercial property owner can rarely succeed in claiming ignorance of a dangerous condition.

The concept of “foreseeability” is central to most premises liability suits filed in Florida. This means that a property owner must pay close attention to any safety issues on their property that may result in injuries to lawful guests, visitors, or customers.

When a property owner sees anything that may potentially result in harm to someone else, they have certain legal requirements. First, they must fix the problem effectively, ensuring it no longer poses a safety concern. Alternatively, they can place visible warning signs around the safety hazard, so guests and other lawful visitors are fully aware of it when they come close to it. Property owners may also issue explicit verbal warnings to lawful visitors, warning them of known safety issues they might encounter on the property.

It is important to note that Florida’s premises liability laws only apply to lawful guests and visitors or those with the property owner’s express or implied permission to enter their property. Therefore, property owners typically do not face liability for injuries that intruders and trespassers sustain on their property.

If you invite someone into your home who suffers an injury because of a safety issue you neglected to fix, you would be liable for this injury. However, if someone broke into your home without your permission and hurt themselves, they could not file a premises liability complaint against you because they were not lawfully present on your property.

Many of the premises liability claims filed in Florida pertain to unreasonably dangerous structural issues or failure to address recognizable safety hazards. Some of the dangerous conditions seen in residential and commercial premises include:

  • Torn carpeting. This can easily present a tripping hazard. Depending on the location of such an incident, the victim could easily sustain severe injuries when they hit the ground.
  • Changes in flooring. Any tripping hazards due to uneven flooring should be clearly marked so visitors can navigate them safely. Loose or cracked floorboards and other forms of uneven flooring need to be addressed or marked as soon as they are discovered.
  • Poor lighting. Poor visibility can easily create a very dangerous situation for the guest on private property. Therefore, property owners need to address lighting issues that can present safety concerns, especially in and around staircases.
  • Narrow stairs. Older buildings and oddly constructed properties may have very narrow staircases that can be challenging to navigate. Property owners should ensure visitors can use these stairs safely or mark them as hazardous if necessary.
  • Wet or slippery floors. Retail stores and other commercial properties open to the public may require cleanup throughout their hours of operation. If an employee must mop a spill or a floor becomes wet for any other reason, it must be marked with a visible wet floor sign.
  • Poorly designed or maintained stairs. Many premises liability claims pertain to injuries from staircases. Trips, falls, and other incidents caused by poorly designed or improperly maintained stairs can easily lead to complex premises liability claims.
  • Malfunctioning escalators and elevators. If a property owner notices a problem with an escalator or elevator, they should promptly mark it as out of order and arrange a repair. Failure to do so could lead to a fatal accident if the escalator or elevator malfunctions.
  • Broken or cracked sidewalks. It’s possible to have a premises liability case against the local municipality or government entity responsible for maintaining sidewalks. This type of personal injury case involves special rules. It faces unique restrictions, so it’s vital to find legal counsel from an attorney with experience handling this type of case to ensure the best chances of recovering your damages.
  • Potholes. Similar to premises liability claims for damaged sidewalks, it is possible to have grounds for a premises liability claim for civil damages against whatever government agency is responsible for fixing potholes if this type of hazard caused your injury.
  • Standing water or ice. Although Florida rarely sees winter storms, snow and ice accumulation are possible for some properties, and property owners absolutely must address these hazards as they arise.

If you or someone you love recently had an injury on someone else’s property, and you think it happened because of the property owner’s negligence, a Jacksonville premises liability attorney is the best resource to consult to determine your best options for legal recourse. If you choose Spohrer Dodd Trial Attorneys to represent you, our team will carefully review your legal options and help ensure that your case meets the legal definition of a premises liability claim.

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Damages Available in a Premises Liability Claim

A premises liability suit is a type of personal injury claim, so Florida’s personal injury statutes apply to the various forms of compensation a plaintiff can expect for their injury. Your Jacksonville premises liability attorney will be invaluable when gathering the proof you need to prove a property owner is liable for your injury. They will also provide critical guidance regarding the compensation you can secure for your claim.

Like any other personal injury suit, a premises liability claim enables the plaintiff to seek full compensation for their economic losses. These are often easy to prove with the appropriate documentation and can include:

  • Medical expenses. When a property owner is responsible for a lawful visitor’s physical injury, they are liable for all medical treatment costs the victim incurs. This includes immediate health care costs, including hospital bills and any ongoing treatment the victim requires for their injury.
  • Lost income. A serious premises liability-related injury may leave the victim unable to work for a long time. The defendant is responsible for the victim’s lost income immediately after the incident and lost earning capacity when the victim cannot return to work due to a permanent disability.
  • Property losses if the victim’s personal property was damaged in the incident.

Beyond these economic damages, Florida law enables a personal injury victim to seek compensation for their pain and suffering. If they sustained any injury resulting in a permanent physical disability, permanently reduced earning capacity, or diminished quality of life, their pain and suffering compensation could be the most substantial portion of their total recovery.

When you choose Spohrer Dodd Trial Attorneys to represent you in a premises liability claim in Jacksonville, you will have readily available legal counsel to support you when you need it most. Our firm has extensive experience with multifaceted premises liability claims, and we know the challenges plaintiffs will likely face in their proceedings. Because of this, our representation can ensure you are equipped to handle the unique challenges your own case presents, and our goal is maximum compensation for our client in every case we accept.

Contact Our Jacksonville Premises Liability Lawyers Today With A Free Consultation

Our team of attorneys is well-versed in the law relating to premises, construction, and industrial injuries, as well as OSHA (Occupational Safety & Health Administration) and other safety regulations, such as building codes. We also have the skill, experience and resources to thoroughly investigate each circumstance and uncover the base cause of an accident or injury.

One example of our firm’s outstanding record in cases of this nature is the circumstance where a jury awarded our client $3,675,000 in compensation for the permanent injuries they sustained due to unsafe conditions at a Kmart store.

To find out how we can help you, give us a call at 904-309-6500 or contact our team online for a free consultation today.