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Under the legal doctrine of premises liability, property owners have a responsibility to take necessary precautions to keep their properties reasonably safe and free from dangerous conditions. For instance, an injury resulting from a slip and fall on another’s property that has not been maintained can cause serious and even fatal injuries. Also, a sexual assault and its associated post-traumatic stress disorder (PTSD) is a serious life-altering event that can be caused by a traumatic event on the property of another. A drowning in a pool that lacks proper barriers, or unsafe or illegal drain covers or pool pumps is yet another tragic accident that will impact a family forever.
These types of events might well have been avoided if the owner or manager of a property had maintained it in a reasonably safe manner. Many of these injuries will leave victims unable to work, care for their families, and may even leave permanent scars or disabilities. If you or your loved one has been injured on the premises of another, the attorneys at Brais Law Firm can help you recover maximum compensation for your injuries. Our firm operates from its main office in Miami, Florida with a satellite office in Boston, Massachusetts. We are committed to helping injured victims get the justice they deserve. Our Miami premises liability attorneys have decades of experience handling premises liability and negligent security cases and will put their skills and knowledge to work for you.
At Brais Law Firm, we understand that the laws and the legal process can be confusing; so, we want you to have the information you need to make the right choices for you and your family. Decisions on what to do and how best to protect yourself or a loved one after a tragic event become even more overwhelming after a trauma. While we encourage you to schedule a free consultation with our legal team to discuss your case, below is some general information that is meant to give you an overview of premises liability claims.
Injuries suffered on another’s property, whether in a home, on a sidewalk, in a parking lot or in a commercial building or shop are often the result of:
Regardless of the cause or location, the injuries associated with a premises liability case can be serious and long-lasting. Some of the most common types of injuries seen in premises lability cases include:
Depending upon the classification of the person on another’s property, a landowner will owe a different duty of care. The three main classifications of people are: invitees, licensees and trespassers.
Premises liability cases can be complicated and difficult to prove. While the liability of the property owner will depend upon the legal status of the plaintiff – invitee, licensee or trespasser – under Florida law, the plaintiff in a premises liability action must prove the following elements in order to establish a successful claim:
It is important to recognize that property owners cannot generally be held liable for injuries that were caused by conditions on the property of which they were unaware or had no reason to know about, with one exception being if the dangerous, defective or unsafe condition was created by the property owner. Moreover, in most cases, individuals have a responsibility to exercise reasonable care for their own safety. For example, it’s generally accepted that there exists no duty to warn of the condition if it is one that is “open & obvious”, meaning something readily apparent by the use of one’s ordinary senses – sight, for example. If they fail to do so, their recovery may be limited or reduced by their own percentage of negligence. For example, if a jury finds that the plaintiff was 25% responsible for his or her own injuries and awards the plaintiff $200,000 in damages, the damage award will be reduced by $50,000 (25% of $200,000). The above example illustrates the rule of “pure comparative negligence” and applies regardless of the percentage of fault on the plaintiff’s part. Other states apply a rule referred to as “modified comparative negligence” which operates the same as long as the plaintiff can prove he or she is 50 percent or less at fault. Still other states operate under “contributory negligence” rules (meaning, the plaintiff cannot recover any money if they were at all liable for their own injuries). It is important to consult with skilled Miami premises liability attorneys who can explain how the law will apply in your case.
If you bring a premises liability action against a property owner in Florida, there are generally three categories of damages for which you may be able to seek recovery: (1) economic damages, (2) non-economic damages; and (3) punitive damages.
Economic damages (sometimes referred to as “special” damages) are meant to compensate victims for the actual financial losses they have suffered because of an accident. If your premises liability claim falls under Florida law, you will be able to recover the following types of economic damages:
Economic damages are generally easier to prove, because they can be calculated from documents and records, such as medical bills, repair costs and other out of pocket costs.
Non-economic damages (sometimes referred to as “general” damages) are subjective. In Florida, non-economic damages generally include:
Unlike economic damages, there are no documents and records that can be used to quantify the monetary value of the losses. As a result, calculating non-economic damages in a premises liability case can be complicated and many factors will necessarily come into play.
Unlike economic and non-economic damages that are compensatory in nature, punitive damages are meant to punish the defendant. While punitive damages are uncommon in premises liability claims, they may be awarded in situations where the plaintiff proves that the property owner’s conduct was especially egregious or outrageous. Additionally, Florida law places certain caps or limits on how much money a jury can award a plaintiff in punitive damages. When you work with our firm, our Miami premises liability attorneys will carefully review your case to identify all categories of compensation that may be available to you, including punitive damages.
Premises liability claims generally arise when an individual has been injured on someone else’s property due to a dangerous condition, improper maintenance or negligent security. Whether you suffered injuries in a slip and fall, worksite accident or as a result of a violent attack, these types of claims can get complicated very quickly. Therefore, it is always best to have an experienced premises liability attorney on your side as early as possible in the process.
When you work with the legal team at Brais Law Firm, you can be confident in knowing that we have the knowledge, skills and resources to handle your premises liability claim no matter how complex it may be. Our lawyers have a solid understanding of what Florida law demands in these cases and we will work to develop a legal strategy focused on maximizing your financial recovery. From investigating the site of the accident/injury, to interviewing eye-witnesses and gathering critical medical documents and other evidence, our team will do everything we can to build a powerful and persuasive case. We know that you are trying to make it through a very difficult situation and you can count on us to help you every step of the way.
The Miami premises liability attorneys at our firm offer decades of collective experience handling a wide range of personal injury cases, including premises liability claims. We are committed to helping clients who have been injured in shopping centers, grocery stores, hotels, condominiums, worksites and other properties recover the full financial compensation they deserve. Our team is equipped to handle all types of premises liability claims, including cases involving:
If you or someone you love has been injured in a grocery store, shopping center, hotel, condominium or any other type of commercial or private property, Brais Law Firm is committed to helping you recover the monetary damages you need to recover and move forward with your life. When you schedule a consultation with our firm, a Miami-area attorney skilled in handling premises liability claims will carefully review your case and discuss all legal avenues that may be available to you. Our legal team can be reached by calling 800-499-0551 or completing our online contact form. You can also email our firm.
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