MIAMI PREMISES LIABILITY LAWYER
Most people don’t know their rights about slips and fall accidents on someone else’s property. Victims assume that if they are hurt because of a dangerous condition, then there is nothing they can do about it.
But, this is not entirely true. A victim may recover money for their pain and suffering and monetary losses through premises liability law. Slippery floors or broken stairs are safety hazards. A property owner should ensure that their property is reasonably safe for general use.
Our Miami Premises Liability lawyer at The Soffer Firm understands how stressful it is to deal with these injuries. Our legal firm ensures that our clients are well-taken care of every step of the way during their Miami premises liability cases.
Our expert Miami premises liability attorney will handle every necessary legal procedure needed. They will handle the settlement negotiation or go through litigation if required.
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HOW A MIAMI PREMISES LIABILITY LAWYER AT THE SOFFER FIRM CAN HELP
Miami premises liability lawyers are local experts when it comes to premises liability cases. Suppose an individual suffers from the actions of negligent property owners. In that case, they can hold them liable for any injuries they sustain.
Miami premises liability attorneys can help you with the following:
- Thorough case investigation. We will look through your case and use every fact we can gather from the accident.
- We can help in collecting evidence and building a strong case for your premises liability claims.
- Our liability lawyers can negotiate with insurance companies so you can receive fair compensation.
- We will represent you on your behalf if your case progresses to a premises liability lawsuit.
A landowner has a legal duty to ensure that his customers are safe inside his establishment. If they breach this duty, then they should be held responsible for any injuries a victim sustained.
Our top Miami premises liability law firm is an expert in defending premises liability victims. We will fight to no end until your justice is served.
UNDERSTANDING PREMISES LIABILITY LAW IN MIAMI, FLORIDA
Premises liability is classified under personal injury law. Premises liability claims allow injured victims to seek compensation if they suffered from an injury caused by negligent security. There are specific scenarios when property owners can be held liable.
Suppose a victim was hurt because a property owner made an unsafe environment inside their property. If that’s the case, the owner is responsible for the victim’s injuries. Another scenario is when there’s already an existing issue with the establishment’s safety, and they did not resolve it.
For a better understanding of your premise liability claims, try to familiarize yourself with these terms:
- Invitee: An invitee is a person invited inside a property. Customers or visitors will fall under this category.
- Licensees: A licensee is an individual allowed inside a property without being invited. Licensees are not considered a customer. A friend stopping by to visit will fall under this or water pipe workers who need to access your property for their work.
- Trespassers: Trespassers are individuals who are not allowed to enter the property. Burglars and other criminals will fall under this.
A general rule is property owners are liable for invitees and licensees. On the other hand, property owners bear no responsibility to trespassers.
PREMISES LIABILITY CASES OUR MIAMI PERSONAL INJURY LAW FIRM HANDLES
Our personal injury law firm handles various premises liability cases. Specified below are the premises liability cases our personal injury lawyer handles.
- Negligent Security: Negligent Security is a serious problem that can occur in any public place. Even though it is not intentional, it can leave you feeling violated and with injuries that need medical attention. When this happens, it’s essential to know what steps need to be taken right away to compensate for your losses. Contact our reputable attorney who specializes in handling negligent security cases.
- Slip and Fall: Slip and fall accidents are encountered in premises liability cases. Our Miami slip and fall attorneys will fight for you so that you get the compensation you deserve for your injuries. We know how crucial it is to have someone on your side who knows what they’re doing.
- Cruise ship accidents: Cruise ship laws are vast and complicated. A cruise accident attorney will examine the circumstances surrounding your case. They will help determine if there are grounds for filing a personal injury lawsuit against cruise ship operators. Some cases would involve more than two parties.
- Wrongful death: A property owner’s negligent action can not only put other people at risk of sustaining physical injuries but also cause death. In that case, the victim’s party may have grounds for a wrongful death lawsuit. It would be best to seek help from an experienced Miami wrongful death lawyer who will fight on your behalf.
HOW DO I KNOW IF I HAVE A PREMISES LIABILITY CASE?
There are several elements involved in a premises liability case. When these elements are met, the law will consider the case under premises liability lawsuit.
A valid premise liability case should have the following:
- The defendant owned the property where the victim was injured.
- The defendant is legally responsible for providing due care for the victim. This means that the victim should either be an invitee or licensee.
- The defendant was negligent, and his negligence caused an accident that injured the victim.
- A victim should sustain an injury.
- The accident that occurred should have been preventable if the property owner had been more careful.
If all elements are met, then a premises liability case is valid. If you find yourself struggling in this situation, call our experienced personal injury attorney for help.
WHAT USUALLY CAUSES PREMISES LIABILITY INJURIES?
Several conditions cause premises liability cases. It can either be from unsafe conditions of the establishment because of wear and tear or a poor renovation job.
The list below shows the most common causes of a liability case.
- Defective lighting;
- Inadequate security measures;
- Old establishment’s wear and tear;
- Slippery floors;
- Broken guardrails;
- Machine failure;
- Pathway obstruction.
There are just classic examples of causes of a liability case. In general, as long as you are an injured guest inside a property owner’s establishment, you may qualify for premises liability claims.
Always seek advice from Miami personal injury lawyers. They can evaluate your case and advise you if any elements fit into a liability case. Premises liability lawyers can help you in more ways than you can imagine.
WHAT ARE THE INJURIES CAUSED BY A MIAMI PREMISES LIABILITY ACCIDENT?
There are many injuries associated with liability accidents. Depending on several factors, a victim may sustain mild injuries or suffer from severe injuries. Below are some of the injuries correlated with this type of accident.
- Torn meniscus: Meniscus tear is caused by a violent twist in the knee. Victims suffering from this injury may feel a sharp pain and swell in the affected knee. Torn meniscus treatments are usually conservative. A torn meniscus is treatable with ice and rest, but it’s still advisable to see a doctor for better evaluation.
- Lumbar injuries: Lower back pain is common in a slip and fall accident. Victims may feel chronic pain in their lower back and restricted movement. Treatments can be conservative in most cases. But, severe cases of lumbar pain require patients to be treated in the hospital.
- Burn injuries: Some victims may suffer from burn injuries if a fire is involved in a premises accident. Burns can be classified into three categories depending on the degree of severity. A third-degree burn may require skin grafts.
- Head and Brain injuries: Injuries related to the head and the brain are often severe. One of the well-known associated injuries is a traumatic brain injury. Traumatic brain injuries (TBI) can seriously affect the life of the victim. Most TBI patients also suffer from sensory loss.
- Broken bones: Fractures are commonly associated with most negligent injury cases. Though treatable, fractures take a long time to heal. Fracture treatments are usually invasive.
WHAT COMPENSATION CAN MIAMI PREMISES LIABILITY ACCIDENT VICTIMS OBTAIN?
Filing a personal injury lawsuit will allow you to recover damages from the accident. Financial compensation available in a lawsuit is referred to as ‘damages.’ Damages can either be economic or non-economic.
Economic damages can be in the form of medical expenses, lost wages, or property damages. Medical-related damages cover both present and future medical bills. Simply put, economic damages are recovered if the accident negatively affects the victim’s finances.
Non-economic damages are in the form of mental anguish or emotional distress and do not affect the victim’s finances. A victim suffering from emotional trauma after the accident is eligible for these damages.
Consulting with a legal professional can help you understand what you can recover in your case.
WHO CAN BE HELD LIABLE FOR A MIAMI PREMISES LIABILITY ACCIDENT?
Property owners are primarily responsible for the safety of any individual inside their premises. However, this can vary if the individual is an invitee, licensee, or a trespasser.
An invitee can hold the premises owner liable for their injuries if:
- The owner knows about the hazardous condition of the establishment and did not do anything to repair the existing hazards.
- The owner knew the dangerous condition of the property but failed to warn the invitee.
HOW TO PROVE A PREMISES LIABILITY CLAIM IN MIAMI, FL?
For a victim to prove a fault in a premises accident, the following factors should be present:
- The injured victim must be an invitee. This gives the property owner the legal right to protect the victim.
- The owner is knowledgeable about the property hazard. Suppose the owner fails to resolve the danger or inform the invitee about it. In that case, they are liable for the victim’s injury.
- The victim must be able to prove that the accident is preventable if the owner exercised due care.
- The victim’s injury must be caused by accident. The victim should be able to connect the damage from the incident.
Gathering solid evidence is crucial in proving responsibility. This is why hiring a knowledgeable and experienced lawyer is beneficial for the victim.
WHY CHOOSE THE SOFFER FIRM MIAMI PERSONAL INJURY ATTORNEYS FOR YOUR MIAMI PREMISES LIABILITY CLAIM?
Our Miami Premises Liability Lawyer at The Soffer Firm was able to recover millions of dollars for our clients’ compensation successfully. Our highly experienced lawyer was awarded several recognitions for his success.
- Top 40 Under 40 National Trial Lawyers
- Our personal injury lawyer was awarded Super Lawyers “Rising Star” in the field of Plaintiff’s Personal Injury. He consistently held this recognition from 2016 to 2020.
- Our numerous positive client review speaks volume of the quality of service we provide.
Our vision as a legal firm is to provide justice for our clients. We believe that the responsible party should suffer from the consequences of their actions.
A personal injury involving owned establishment has a statute of limitations of four years in most cases. However, in wrongful death cases, the victim’s family of loved ones can file a lawsuit two years from the date of the victim’s death.
Under Florida’s comparative negligence law, the victim can still recover damages even if they are partially at fault. But, their full compensation will be reduced by the percentage they contributed to the accident.
Say the victim is 50% responsible for the accident, then they can only receive half of the compensation.
Premises liability accidents can happen anywhere. As long as the accident occurred in an owned establishment, it can qualify for a premise liability case. This can be a restaurant, grocery store, business establishment, or parking lot.
Even ATM, bank, swimming pool, and hotel accidents are considered under premise liability cases.
The length of a case depends on its complexities. Complicated issues with more than two parties involved may take longer than cases with only two involved parties. But, most premise liability cases don’t take longer than the established limit.
Generally, trespassers cannot sue a property owner. This is because they do not have the right to step inside the owner’s property.
LET OUR MIAMI PREMISES LIABILITY ATTORNEY HANDLE YOUR PREMISES LIABILITY CLAIM - CONTACT US TODAY FOR A FREE CONSULTATION
Accidents happen even inside a presumably safe property. Even with extra caution, some accidents are inevitable. A personal injury lawyer will help you defend your rights against wrongful injury. No victim should suffer from the negligence of a property owner.
If you are involved in a premises liability case, you should immediately contact our expert personal injury lawyer! Our seasoned attorney can help you recover maximum compensation from the negligent party.
You may contact us at (786) 788-7344 or fill up this form for a free case evaluation.