Premises Liability FAQ
Learn About SSI in Florida & More
WHAT EXACTLY IS PREMISES LIABILITY?
In the United States, all landowners owe a duty of safety to those who visit their property. This legal duty is referred to as premises liability.
WHAT TYPES OF ACCIDENTS & INJURIES ARE INCLUDED UNDER PREMISES LIABILITY?
The general public is entitled to a reasonable expectation of safety, especially if the owner of the venue is making some sort of profit from visitors. It does not matter what type of home or business is involved, or what type of accident takes place, the laws of premises liability apply.
WHAT IS CAUSATION IN A PREMISES LIABILITY CASE?
Causation in a premises liability case is the matter of whether a person's injury was caused by whatever dangerous condition existed on the property at the time of the incident.
HOW WOULD SOMEONE KNOW IF THEY HAVE A PREMISES LIABILITY CLAIM THAT SHOULD BE PURSUED?
A viable premises liability case involves a foreseeably dangerous condition that causes a preventable injury to take place. If you have been injured on someone else's property and you feel that the owner of that property could have taken action to remedy or warn of the danger in order to prevent the possibility of injury, yet failed to do so, you probably have a case worth pursuing.
WHAT DAMAGES ARE AVAILABLE IN PREMISES LIABILITY CASES?
A premises liability case is simply a negligence case and is subject to the same damages as any other negligence case. In Florida, those damages include past and future medical expenses, past and future lost wages, and past and future pain and suffering. These damages would be presented to an insurance carrier to aid in the calculation of a settlement offer. If that offer is not accepted, you would ask a jury to award damages at trial.
HOW LONG DOES ONE HAVE TO FILE A PREMISES LIABILITY CLAIM?
The statute of limitations on negligence in Florida is four years.
HOW LONG WILL A PREMISES LIABILITY CASE TAKE TO RESOLVE?
Most cases will be settled within two years. However, there are many factors that contribute to the length of a case, including whether or not there is a recovery period for the specific injury that was endured.
WHAT SETS PREMISES LIABILITY CASES APART FROM A REGULAR PERSONAL INJURY CLAIM?
Premises liability cases are largely the same as other personal injury claims, including the types of damages that can be recovered and the negotiations with insurance companies.
The difference is that in these cases, many times, a simple warning or repair could have prevented an injury or even a tragedy. It is important that landowners realize the responsibility that they owe to their guests, and it is important that victims of this type of negligence be advocated for to the full extent of the law.