Property owners in Titusville, Florida are required to keep their premises safe for visitors. Unfortunately, they don’t always uphold their obligation, which can result in slip-and-fall accidents. If you suffered injuries in such an incident on public or private property, you may be able to file a premises liability claim for compensation.
Premises Liability Law in Florida
According to Florida Statute 768.7055, a property owner is liable when someone slips and falls on a transitory substance in their establishment. It’s important to understand how premises liability law works in Florida. It includes a duty of care owed by property owners and the statute of limitations for premises liability claims in Florida.
Duty of Care Owed by Property Owners
Property owners have a duty of care to ensure people are safe while visiting their premises. Invitees are owed the highest duty. If a property has a known unsafe condition, the owner must fix it, warn of it or at least cordon off the area.
Statute of Limitations for Premises Liability Claims in Florida
According to Florida Statute 95.11, the statute of limitations for premises liability claims is two years. These civil cases are based on negligence. You must file your claim within that period or when your injury symptoms become apparent.
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Types of Damages Victims Can Recover in Titusville, Florida
Victims injured in these accidents in Titusville, Florida can recover different types of damages. They include economic damages, noneconomic damages and punitive damages.
Economic Damages
Economic damages can be tracked because they have tangible monetary costs. According to Florida Statute 768.81, they include medical expenses, lost wages, lost earning capacity, property damage and funeral and burial expenses. These are damages that would not occur if not for an injury caused by an accident.
Noneconomic Damages
Noneconomic damages are those that don’t carry any particular financial amount. They include pain and suffering, emotional distress and other types of psychological damages stemming from accidents.
Punitive Damages (In Rare Cases)
Although rare, punitive damages may be awarded in premises liability cases. This happens when a property owner acts with gross negligence in failing to correct a known dangerous condition on their premises. Punitive damages go to plaintiffs as a way to punish defendants.
Proving Negligence in Premises Liability Cases
Certain aspects can prove negligence in premises liability cases. They include the elements of negligence, gathering evidence and expert witnesses.
Elements of Negligence
Four elements of negligence must be established in premises liability cases and other similar civil cases. They are duty of care, breach of duty, causation and damages. Property owners must use a duty of care that any reasonable person would in similar circumstances and keep their premises safe.
Breach of duty means the property owner has failed to uphold their duty of care. This leads to causation where someone suffers an accident. When the victim suffers injuries, it equates to damages.
All four of these elements must be present in a premises liability case.
Gathering Evidence
One of the most important steps in a premises liability claim is to gather evidence. Photos, videos and eyewitness statements can prove that the property owner’s negligence caused your accident and injuries. Other evidence to strengthen your claim includes your medical records and expenses, lost wages, lost earning capacity and damage to your personal property.
Expert Witnesses
Expert witnesses can strengthen your premises liability claim. Those specializing in these types of cases can testify to how the dangerous condition caused your injuries.
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Steps in a Premises Liability Case in Florida
There are certain steps in a Florida premises liability case. They include initial consultation, filing a claim, negotiating settlements and going to trial.
Initial Consultation
Premises liability is a subcategory of personal injury law. This means you can have a free initial consultation with an attorney to determine whether they’re the right one to represent you. The lawyer will listen to you and explain how they’ll handle your case.
Filing a Claim
If you have cause to recover damages from a slip-and-fall, your attorney will help you file a premises liability claim. They’ll advise you on the best way to proceed and inform you of your legal rights and options.
Negotiating Settlements
Many premises liability claims are settled with insurance companies. Your lawyer will expertly negotiate with an insurance adjuster to ensure you get a fair settlement.
Going to Trial if Necessary
If your claim doesn’t settle, your attorney is invaluable to you. They can help you file a lawsuit and represent you in court in a trial.
Why Choose a Premises Liability Lawyer in Titusville, Florida
After a premises liability incident in Titusville, Florida, it’s best to hire an experienced attorney. They have knowledge of local laws, understand community standards and have established relationships with local courts.
Knowledge of Local Laws
Premises liability lawyers in Titusville know all the local laws. This gives you an advantage as they use their knowledge to maneuver your case.
Understanding of Community Standards
A premises liability attorney knows the community standards for local and private properties. If they discover the premises where you had your accident is not up to those standards, they can argue that fact.
Established Relationships with Local Courts
A Titusville, Florida attorney has established relationships with the local courts. They know the judges and other attorneys and know how things work and how best to handle your case.
Andrew Pickett Law is Your Trusted Titusville Premises Liability Lawyer
Have you been injured due to unsafe conditions on someone else’s property in Florida? Don’t face the legal complexities alone. The experienced legal team at Andrew Pickett Law stands ready to fight fiercely on your behalf, ensuring you receive the full compensation you deserve for your injuries and hardships.
Take the first step towards justice today. Reach out to our office directly or use our convenient online contact form to schedule a complimentary case evaluation. During this no-obligation consultation, our experienced attorneys will carefully assess the details of your situation, explain your rights, and outline a strategic plan to pursue your claim effectively.
Don’t let property owners’ negligence go unchallenged. With a Titusville premises liability lawyer from Andrew Pickett Law by your side, you’ll have a powerful ally in your fight for fair compensation and accountability.
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