Can I file a lawsuit if I am injured on someone else’s property?
Possibly. It is important to know that you do not automatically have a lawsuit against a property owner just because you were injured on their property. In order to have a valid claim, you must prove the owner was somehow negligent, by either creating a dangerous condition himself or by allowing a dangerous condition to exist. The bottom line is the owner has a duty to protect you from conditions and injuries that are reasonably foreseeable. Generally, you will have to prove that the owner knew or should have known of the dangerous condition and failed to repair or give warning of the condition which caused the injury.
Some of the most common types of premises liability claims include the following:
- Elevator/escalator accidents
- Slip and falls at retail stores, malls, hotels, restaurants, grocery stores, or someone’s home
- Improper or poor lighting
- Loose mats in entryways
- Injuries at school
- Wet floors with no signs
- Parking lot injuries
- Negligent security
- Amusement park injuries
- Pool accidents or drownings
- Apartment complex injuries
If you are injured on someone else’s property, the first thing you should do is get immediate medical attention if necessary. It is a very good idea to take photos of the condition that caused your injury, whether it was caused by a wet floor or some other dangerous condition. If you fail to document the condition, the owner may repair or “clean up” the danger before anyone can photograph it. This could make it very difficult when it is time to prove your claim. You should also get the names and phone numbers of any witnesses. Lastly, make sure to report the fall to a manager at your earliest convenience and have them complete an incident report.
Florida has very specific laws that govern certain injuries that occur on someone else’s property. Additionally, your ability to make a claim may depend on your status when you enter the property. Were you a business invitee, licensee, or trespasser? The answer to this question can be very important because there are different duties that a property owner owes to persons on their property.
Premises liability claims can be very complex and time consuming to pursue. It is recommended that you hire an experienced personal injury attorney as soon as possible so they can begin investigating the incident and contacting any witnesses who can help prove your claim. The attorney can also find out what kind of insurance coverage exists so you will know the policy limits when you submit your claim. Many property owners carry medpay coverage which will pay a certain amount of your medical bills even if it cannot be proved the owner was at fault.
Call Jeff Murphy Law today to find out whether you have an injury claim that is worth pursuing.