Unfortunately, some Tampa, Florida, apartment and condominium complexes, commercial properties, or other developments with common areas do not spend the necessary money to maintain the premises. These landlords or property owners value profit over the well-being of tenants, guests, or customers. Oftentimes, light fixtures are never repaired, security guards are not where they need to be, and consequently, the area becomes a breeding ground for criminal activity.
Additionally, companies that do hire security guards do not always follow through with appropriate staffing or training of the security guards. Security guards are sometimes negligently hired or negligently retained, and if not for the negligence of the company hiring or retaining those individuals, a person would not have been injured. We at Burnett Law have the experience to dig into the credentials of those security guards, to uncover the hiring and firing practices of a company, and to assist our clients in learning the whole truth behind why they or their loved ones were injured.
If you’ve suffered an injury due to unsafe conditions, our experienced Tampa premises liability attorney can help you fight for the compensation you deserve. Call (813) 491-8272 now or contact us online for a consultation!
Premises liability law establishes that property owners must ensure their premises are free from unreasonable hazards. The level of responsibility depends on the legal status of the visitor. Florida law classifies visitors into three categories: invitees, licensees, and trespassers.
Invitees are individuals who enter a property for the owner’s benefit, such as customers in a store. Property owners owe them the highest duty of care, which includes regular inspections and prompt removal of hazards.
Licensees include social guests who enter with permission but for their own purposes. Property owners must warn them of known dangers but are not required to inspect for hazards.
Trespassers have no legal right to be on the property, and owners generally owe them no duty of care, except in cases involving children under the attractive nuisance doctrine.
A Tampa premises liability lawyer can analyze a case to determine how a visitor's status impacts their right to compensation and whether the property owner breached their duty of care.
Common Types of Premises Liability Cases
Premises liability claims encompass a wide range of accidents and injuries that occur on someone else’s property. Some of the most common types of cases include:
Negligent Maintenance
Just as with negligent security, there are many situations where properties are allowed by the landlords or property owners to fall into disrepair. This can result in areas that develop into a nesting ground for injuries. From improperly maintained stairwells to uneven walkways, all too often injuries occur because others simply do not want to spend money to make the common areas safe. If you or a loved one has been hurt due to the negligent maintenance of a common area, please contact us at Burnett Law.
Negligent maintenance isn't always visible at first glance, making it insidious and dangerous. Hidden hazards like electrical issues or plumbing problems can precipitate severe accidents, including fires or floods, which may put numerous people at risk. Property owners have a duty to conduct regular inspections and repairs, ensuring that all potential risks are identified and addressed before they result in injury or harm.
Negligent Supervision
There are some businesses and homeowners associations that hire cheap labor, often in the form of teenagers, to watch over and protect your children. These young “adults” are frequently unsophisticated in recognizing the constant dangers that surround them. Children drown in public pools every year because young lifeguards are improperly trained or improperly staffed to deal with large numbers of people in a particular area. Kids are often injured skating or playing in bounce houses or doing other “fun” activities because of negligent supervision of the staff that is supposed to be looking out for them.
While there are sometimes “releases” that are signed by the parents, these “releases” are not always enough to protect the business responsible for the injuries. It is important to know that there are specific time limitations that apply to your claim. In order to speak to one of our trial attorneys, please fill out the information request form or call our office at (813) 491-8272. Remember, there is no cost to you unless we recover your damages.
Slip And Fall Accidents
If you or a family member has been injured as the result of an accident on someone else’s property, you may have a claim against the property owner. Landowners have a duty to maintain their property in a reasonably safe condition for their business invitees, guests, and sometimes even uninvited trespassers. Landowners also have a duty to warn of concealed perils on their property of which they are aware or should be aware. If a landowner fails to maintain their property in a reasonably safe condition or fails to warn of a concealed peril on their property, and you or a family member is injured as a result of the unsafe condition, then the landowner may be responsible to pay for your injuries and damages.
Unfortunately, people are injured every day on property owned by someone else due to unsafe property conditions, including, but not limited to:
Slippery flooring conditions, including waxed or wet floors
Dangerous stairs and ramps
Falling objects
Dangerous sidewalks, including cracked sidewalks, broken sidewalks, uneven sidewalks, or sloping sidewalks
Following an accident, some negligent property owners go to great lengths to avoid or deflect liability for their failure to maintain their property in a safe condition. However, most property owners are covered by liability insurance policies that specifically cover injuries to persons caused by dangerous property conditions. The types of damages that you may be entitled to recover include compensation for past medical bills, future medical treatment, lost wages, loss of enjoyment of life, pain and suffering, loss of consortium and companionship, and possibly punitive damages. One of our experienced trial attorneys will take the time to sit down with you to discuss your case and the potential remedies that may be available to you.
Proving Liability in a Premises Liability Case
To establish a premises liability claim, an injured party must prove that the property owner’s negligence directly caused their injuries. A Tampa premises liability lawyer will focus on four key elements:
Duty of Care – Establishing that the property owner owed the victim a legal duty based on their visitor status.
Breach of Duty – Demonstrating that the property owner failed to maintain safe conditions or warn of known hazards.
Causation – Proving that the hazardous condition directly led to the injuries sustained.
Damages – Showing that the victim suffered physical, emotional, or financial harm due to the accident.
Evidence such as surveillance footage, maintenance records, witness statements, and expert testimony can be critical in proving negligence. A Tampa premises liability attorney will gather and present the necessary evidence to build a strong case.
Compensation Available in Premises Liability Cases
Victims of premises liability accidents may be entitled to recover damages for their losses. Compensation can include:
Medical Expenses – Coverage for hospital bills, surgeries, rehabilitation, and ongoing medical treatment.
Lost Wages – Compensation for income lost due to an inability to work during recovery.
Pain and Suffering – Damages for physical pain, emotional distress, and reduced quality of life.
Property Damage – Reimbursement for personal property damaged in the accident.
Punitive Damages – In cases of gross negligence, the court may award punitive damages to deter similar misconduct in the future.
Florida Premises Liability Laws & Your Rights
In Florida, premises liability is governed by specific statutes that outline the responsibilities of property owners and the rights of individuals injured on their premises. The nature of your visitor status—whether an invitee, licensee, or trespasser—can significantly influence the legal obligations owed by the property owner. In general, invitees, such as customers or business visitors, are owed the highest duty of care. Property owners must keep the premises safe and warn invitees of any known dangers. Licensees, including social guests, are owed a lesser degree of protection, primarily warnings about known hazards. Trespassers, on the other hand, are provided minimal protection, with landowners generally required only to refrain from willful or wanton injury.
Understanding these nuanced distinctions is critical for anyone pursuing a premises liability claim in Tampa. It’s also worth noting that businesses in Florida may face stricter scrutiny regarding their premises liability obligations, given the potential for public access and commercial activity. Therefore, it is crucial for those affected to reach out to knowledgeable legal professionals who can clarify these legal nuances, determine your visitor status, and evaluate how Florida’s premises liability laws apply to your situation.
How Burnett Law Helps Clients with Premises Liability Cases
At Burnett Law, our commitment to clients in Tampa is rooted in a detailed understanding of premises liability. When property owners neglect their duty to maintain safe environments, we step in as advocates to help injured parties understand their rights and legal options. Our approach involves a thorough assessment of the accident scene, reviewing evidence such as photos, surveillance footage, and witness testimonies. This comprehensive analysis allows our seasoned team to build a solid strategy tailored to the specific details of your incident.
We understand that each case is unique, which is why we dedicate significant resources to investigating and examining the specific circumstances of each situation. From exploring settlement opportunities to preparing for trial if necessary, our team prioritizes the best possible outcome for our clients. Moreover, our client-first approach ensures not only legal support but also compassionate guidance throughout the often complex and overwhelming legal process. With our extensive experience and passion for seeking just compensation, Burnett Law stands ready to assist individuals across Tampa who find themselves facing the consequences of property owner negligence.
Your Time To Act Could Be Running Out
It is important to know that there are specific time limitations that apply to your claim and if you do not bring your claim soon enough, it may be lost and forever barred.
In order to speak to one of our trial attorneys about your potential claim, please call our office at (813) 491-8272 or reach out online. All initial consultations are free, and you owe no attorney fees or costs unless there is a recovery in your premises liability case. Se Habla Español.
Frequently Asked Questions About Premises Liability in Tampa
What Should I Do After a Fall on Someone Else’s Property?
After a fall on someone else's property, there are several crucial steps to take. First, seek medical attention immediately, even if injuries appear minor. Medical documentation will be vital for your potential claim. Next, report the incident to the property owner or manager, ensuring you document who you spoke with and any relevant details about your conversation. Collect evidence from the scene, such as photographs of the hazard and contact information for any witnesses. As soon as possible, jot down your recollection of the events leading to the fall while they are still fresh in your mind. Finally, avoid making statements to insurance adjusters or signing any forms from the property owner without consulting an attorney. Contacting a premises liability attorney in Tampa will help safeguard your rights and provide guidance on the most effective course of action tailored to your circumstances.
Who Can Be Held Liable for a Premises Liability Issue?
Liability in a premises liability situation typically falls on the property owner or occupier, but this can vary depending on the circumstances. In Tampa, liable parties can include business owners, landlords, property managers, or even maintenance companies if their negligence contributed to unsafe conditions. The key factor is establishing who had control over the premises and the responsibility for maintaining its safety. For example, if a landlord failed to repair a common area of an apartment complex, they might be liable for injuries sustained due to this neglect. Determining liability can be complex, especially in multi-tenant buildings or rental properties, which makes it essential to consult with legal professionals. These experts can thoroughly investigate the circumstances, identify all liable parties, and pursue appropriate actions to ensure you receive just compensation for your injuries.
Is There a Time Limit to File a Premises Liability Claim in Florida?
Yes, in Florida, individuals generally have a limited amount of time to file a premises liability claim, known as the statute of limitations. Typically, this period is four years from the date of the accident. It is critical to adhere to this timeline, as failing to file within the prescribed timeframe could result in losing your right to pursue compensation altogether. Specific circumstances, such as the involvement of government entities, may alter the filing timelines, often requiring shorter periods for claims submission. To prevent any potential legal pitfalls, it is crucial to consult with a premises liability attorney promptly after an accident. Legal professionals can provide insights on how the statute of limitations applies to your particular situation, helping to ensure that your rights are protected and within legal deadlines.
Does Florida Law Protect Trespassers in Premises Liability Cases?
Florida premises liability law provides limited protection to trespassers. Generally, property owners owe a minimal duty to refrain from willful and wanton harm. However, there are exceptions, particularly when the trespasser is a child. Known as the “attractive nuisance doctrine,” this legal principle acknowledges that property owners must take special precautions to protect children from potential hazards on their property, such as swimming pools or abandoned playgrounds, regardless of the child's legal status on the property. When adults trespass, they typically cannot claim damages unless the property owner has intentionally created dangerous conditions. Nevertheless, consulting with a legal expert is important, as they can examine the unique details of each situation and provide qualified advice on the possible legal implications and outcomes for trespassers under Florida law.
How Do I Prove Negligence in a Premises Liability Situation?
Proving negligence in a premises liability claim involves demonstrating that the property owner or occupier failed to exercise due care that contributed to unsafe conditions leading to your injury. First, establish that a duty of care existed, meaning the property owner was expected to maintain a safe environment. Secondly, demonstrate that this duty was breached, often evidenced through hazardous conditions such as wet floors without signage, broken stairs, or poor lighting. Next, link your injury directly to this breach, showing how it was a consequential factor in your accident. Finally, prove that you suffered actual damages, including medical expenses, lost wages, or pain and suffering. Gathering evidence, such as maintenance records, eyewitness accounts, and expert evaluations, is crucial for substantiating your claim. Engaging a knowledgeable premises liability attorney is often critical in navigating this complex legal process effectively.
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I love everything about the Burnett Law office and staff. They helped me out a lot with a truck accident and he we always responsive to my calls when he wasn't busy in court or on the phone with another client... he's the BEST Lawyer in the state of Florida. I'll recommend him to anyone, he's awesome. Thanks again Josh Burnett!
