Don't Pay Out of Pocket for Injuries Sustained on Someone Else's Property
Have you been injured while on someone else’s property? You may be entitled to compensation for your medical care, lost wages, and pain and suffering.
At Weinstein Legal, our attorneys perform the difficult task of building a plaintiff’s case that will make insurers pay a full and fair settlement for an injury due to unsafe conditions on another’s property. We work on a contingency basis, so you never have to pay out of pocket. Call today to speak to a personal injury lawyer near you.
What is a Premises Liability Claim?
Premises liability refers to an area of the law that involves an accident on another entity’s property due to unsafe conditions.
Premises liability accidents are among the most common types of cases seen by personal injury lawyers.
Types of Premises Liability Claims
Although they’re often referred to as “slip and fall” claims, premises liability encompasses that type of injury and many others.
- Slips, trips, and falls
- Dog bites
- Inadequate maintenance of premises
- Defective conditions of premises
- Inadequate security
- Elevator and escalator accidents
- Swimming pool accidents
- Amusement park accidents
- Flooding or water leaks
- Toxic fumes or chemicals
- Snow and ice accidents
- Electrical accidents
If you’ve been in an accident on someone else’s property, you will probably need to file a claim with their insurance company. In most cases, the property owner’s insurance is responsible for paying your claim. But insurance companies are businesses and are reticent to pay out larger claims. The insurance company will inevitably offer you some sort of compensation for your injury, but you shouldn’t accept it without first talking to a personal injury lawyer.
If you sign a liability waiver, which will be a condition of their settlement offer, you give up your right to pursue further damages. Don’t make that mistake. Call Weinstein Legal for a free case review.
What Do You Have to Prove in a Premises Liability Claim?
- You were on the property of the defendant when the accident happened.
- The accident caused you to sustain an injury.
- The injury resulted in monetary damages.
- The defendant had a duty of care to prevent accidents from occurring on their property.
These elements may seem like they would be easy to prove, but it’s important to remember that the insurance company will have a team of attorneys attempting to cast doubt on your claim. A personal injury lawyer can not only help ensure that your case is viable, but that you get a full payout.
How to Determine Liability in Your Premises Liability Claim
In most cases, if you have permission to be on a premise, the owner or custodian of that property owes you a duty of care. That means that the property is reasonably safe.
Pathways should be clear of obstructions or slippery substances, stored objects should be secure, and pipes and electrical wiring should be away from traffic — or there should be adequate warnings posted. All of this is the responsibility of whichever party is in control of the property. An attorney can run down the information and determine liability for your case.
How is Premises Liability Different in Florida?
In the state of Florida, trespassers usually cannot collect damages for an accident occurring on a premise. However, in some cases, children are still able to make claims, particularly if the property or items on the property are considered “attractive nuisances.” These are items that are likely to draw children, regardless of whether they have legal access to them or not.
What Should You Do if You Have an Accident on Someone Else’s Property?
Regardless of whether the nature of your accident was a slip and fall or some other type of premises liability accident, you should consider taking the following steps to protect your health and your case:
Seek Medical Attention
Your health is your first priority. Depending on the severity of your injuries, call 911 and allow the EMTs to examine you. If necessary, let them take you to the emergency room. If not, follow up with your own doctor as soon as possible.
Make sure you let the on-duty manager of the establishment or premise know that there’s been an accident. They will probably need to complete an incident report per their policies. Ask them to preserve any surveillance video that may have captured the incident.
Take Photos With Your Phone
Take pictures and video of the location where the accident occurred and whatever hazard caused your injury. If you have visible injuries, make sure you capture them as well. Having a detailed record of your accident will help with your legal case.
Ask For Witness Information
Collect the names and contact information of anyone who saw your accident. In addition, request the names and titles of any employees who you spoke to regarding the incident. Employees and managers can leave the company or transfer locations, so it’s important to have a list of the people working that day.
Contact a Premises Liability Attorney
Most public-access premises have insurance policies to cover them in the event of an accident. These insurance companies have legal teams and adjusters who are master negotiators. It’s not unusual for accident injury victims to be approached by an adjuster within 24 hours of the accident with an offer to cut a check on the spot. The catch is that you will have to sign away your right to pursue further legal action.
By hiring a personal injury lawyer who handles cases of premises liability, you can ensure that you will not unknowingly accept an inadequate offer. The attorneys at Weinstein Legal can review your injuries, the degree of liability of the establishment, and the evidence available. Once they have a full picture of your premises liability case, they can then begin negotiating with the insurance company.
How a Premises Liability Lawyer Can Help
Premises liability lawyers can legally represent you while you work on your medical recovery.
- Obtain your medical records
- Obtain a copy of the incident report from the premises
- Subpoena witnesses for deposition
- Request copies of surveillance recordings from the establishment
- Calculate economic and non-economic damages
- Pursue your claim through litigation if necessary
Weinstein Legal works on a contingency basis, which means that our legal team only receives compensation if you receive funds through a settlement or court award. All consultations are free and you don’t have to pay out of pocket for our legal advice.
Proving a Florida Premises Liability Lawsuit
In order to receive compensation for your injuries…
- Your presence at the premises was legal.
- The custodian of the premise had a duty of care for your safety.
- There was an accident.
- The accident caused your injury.
- Your injury resulted in monetary damages.
The attorneys at Weinstein Legal are thoroughly familiar with all aspects of personal injury and premises liability law. While it may be tempting to take an initial settlement offer, not speaking to an attorney first can have long-term consequences.
Don’t risk endangering your recovery from a slip-and-fall accident. If you’re in South or Central Florida, contact Weinstein Legal for a free consultation. Our legal team serves clients in all Central and South Florida counties. See the office near you for a list of counties where we represent victims of unsafe premises:
Otherwise, search for personal injury lawyers near you to find a premises liability lawyer who handles your type of case.