West Palm Beach Premises Liability Attorney
Serving West Palm Beach, Boca Raton, Orlando & throughout Florida
The law offices of Scott J. Sternberg & Associates, P.A., in Boca Raton and West Palm Beach, Florida, offer experienced and knowledgeable representation in premises liability cases.
The seasoned legal professionals at our firm understand the intricacies involved in personal injury claims where premises liability is the central issues. Many cases, although not all, focusing on premises liability, are of the slip and fall nature. Still, some involve injuries that are related other types of incidents, such as security issues. You need a West Palm Beach Premises Liability Attorney to help you.
What is Premises Liability?
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Premises liability cases occur more often than one might think most premises liability cases occur in the form of slip and fall accidents these most commonly occur in grocery or retail stores malls and even office buildings basically each property owner regardless of the nature of the business must provide a certain level of safety to the public and to their patrons this should include making sure floors are possible and clean removing debris as often quickly as possible ensure weather hazards are properly addressed when necessary and providing a basic level of safety for all Patriots so if you are visiting your favorite store and you slip and fall what do you do you have a case find out by contacting West Palm Beach Premises Liability Attorney today.
I will take the time to sit down with you go over the details of the accident discuss your legal options and my legal options and my legal team and I will work together to build the case in your defense providing you with the maximum opportunities to receive a proper seven even if you think you are at fault for your own sinful accident you may not be don’t wast another minute contact me today for a FREE Consultation and see if you have a case.
Locations, We Are Serving For:
- West Palm Beach, Florida
- Boca Raton, Florida
- Orlando, Florida
Who May be Liable
Those who may be held responsible in premises liability cases in Florida include homeowners and business owners. However, issues regarding liability and personal injury claims extend to others, including those who may be renting or leasing a property and those connected to or offering services, such as companies or individuals providing maintenance or security.
Additionally, those who manage various types of properties, such as condominium and apartment complexes or buildings, malls, water and theme parks, and other such facilities, may be held responsible in premises liability claims.
Finally, business owners who see clientele come and go from their place of business, such as hair salons, restaurants and lounges, fitness centers, and similar types of establishments, may also be named in such suits.
The question regarding premises liability civil suits focuses on who is responsible for the injuries incurred. Sometimes, depending upon the situation, it can be more than one person or entity.
Suits Involving Premises Liability
With a premises liability lawsuit, the person who is injured on a property must prove that he/she was injured as the result of a party’s negligence. If that is the case, then a negligent party would be liable for various expenses associated with the injury, such as medical bills, lost wages, future medical bills, and other expenses, as well as pain and suffering.
In the State of Florida, the plaintiff must prove specific points in order to win their civil lawsuit. These include:
- That the defendant was responsible for the property.
- That they had knowledge of the hazardous condition that caused the injury, or they should have had knowledge of it.
- That the responsible party failed to repair the hazardous condition, and/or they did not offer adequate warning of the dangerous condition.
- That the visitor of the property incurred their injuries as a result of the negligence of the party deemed to be responsible.
It is important to note that if the person who is being sued did not know about the hazardous situation or if they had no reason to have knowledge that such a situation existed that in most cases they cannot be held responsible for the injuries incurred by a party. It is also essential to understand that if a party suffers injuries without exercising reasonable care while on the premises, that they are usually not considered to have a viable claim.
Premises Liability Situations
The legal team at Scott J. Sternberg & Associates, P.A., notes that there are various situations that can result in a person being injured and a premises liability lawsuit being filed. The owner of a property or another responsible party must maintain all aspects of the property, including interior and exterior.
Although the most common premises liability lawsuit involves slip and fall accidents, there are other scenarios under which a civil lawsuit may be filed. These include:
- Stairways or entrance areas that are poorly lit or not lit at all.
- Defective or improperly installed handrails.
- Uneven or deteriorating walkways.
- Damaged or improperly installed floors or steps.
- Damaged driveways.
- Materials or other hazards obstructing entrances, hallways, or walkways.
- Uncontrolled dogs.
Three Levels of Care
In premises liability lawsuits, one aspect that is taken into consideration when someone files a claim is the level of care involved. Level of care relates to the reason as to why someone enters onto a property. This will, to a certain extent, define the responsibilities of the responsible party to the party that was on the premises. Visitors are classified in one of three ways.
These classifications are:
- Business invitees
In the State of Florida, each specific level of care is treated a bit differently under the law.
Level of Care: Business Invitees
Although the classification “business invitees” may sound as if it only pertains to those on a property for the purpose of conducting some sort of financial transaction, this is not the case. This descriptive term is associated with a wide variety of visitors, including those who offer services and those entering upon a property to view or look at items.
Under Florida premises liability law, a business invitee is any person who comes onto a property with the intention of conducting business. Included under this classification are repairmen, service workers and others who perform work in someone’s home, drivers at a gas station purchasing products, shoppers at a department store, those delivering packages, and diners at a restaurant.
If You Have Been Injured In an Accident
CALL FOR HELP 561-687-5660
Premises liability law notes that the party responsible for a property must ensure that the premises is maintained in such a manner that it is made safe for visitors. They are responsible for having knowledge of the property, and they must fix anything that is unsafe or inform visitors of any hazards.
Responsible parties are also required to conduct proper maintenance, which includes cleaning up liquid spills and debris from floors, checking and fixing stairs and entrances, and inspecting any equipment with which a business invitee may come in contact with West Palm Beach Premises Liability Attorney.
Level of Care: Licensees
When a party is invited onto a property as a social guest, the person is a licensee. Such persons include friends, members of one’s family, business associates, those who are members of an organization or club, and others.
In essence, these people are on a particular property for a social reason, which may include celebrating a special event, being part of a group or club meeting, or enjoying a cookout or dinner. They are awarded the second highest level of care.
In order to be considered a licensee, a person does not have to be invited onto the property. Those who come by and enter a property without warning also fall under this category. Included are neighbors, friends, and family members.
The responsible party must maintain the property in a safe manner, and they are required to have knowledge of any needed repairs or hazards that are on-hand. The responsible party must inform any licensees of dangers.
Level of Care: Trespassers
Although under Florida premises liability law trespassers are included under level of care, they are on the low end of the spectrum. If a responsible party discovers a trespasser on a property, the trespasser must be told of any dangers that they may not be able to recognize in a manner that involves basic observation techniques.
Also, it is important to realize that although a property owner may be angry concerning a trespasser’s presence on their party, they are not allowed to act in a manner that will jeopardize the safety of the trespasser. If they act in a reckless manner, and the trespasser is harmed, they may be held liable for the uninvited person’s injuries.
Skilled and Experienced West Palm Beach Premises Liability Attorney
If you want a West Palm Beach Premises Liability Attorney who is skilled and experienced in premises liability law, contact Scott J. Sternberg & Associates, P.A., in Boca Raton and West Palm Beach, Florida by calling 561-687-5660 or by clicking on the “Contact Us” tab on this page and filling in the short, easy-to-use form.
After doing so, you will be contacted by a professional from our law office who will offer to speak with you about your case and will set up a no-obligation, free consultation.
If we believe you have grounds for West Palm Beach Premises Liability Attorney, your personal injury lawyer will outline the process involved in filing a lawsuit, help determine what parties should be sued, and will proceed to prepare your case.
Your personal injury lawyer will always treat you in a courteous and professional manner, communicating all new developments in your case to you, and working towards ensuring that you receive the compensation that you deserve for your injuries.
If you are pursing a personal injury suit focusing on premises liability, makes sure that you utilize the successful legal team at Scott J. Sternberg & Associates, P.A.