Premises Liability FAQs
What is premises
liability?
What if I’m
injured on someone else’s property?
If I’m hurt on someone
else’s property, what type of legal action can I take?
What is my premises liability case worth?
Do I need an expert witness to prove a premises liability case?
What should I be doing before I see an
attorney?
What is premises
liability?
The legal concept
of premises liability holds that a property owner is responsible for maintaining
a reasonably safe environment for people who have access to the property. If the
property owner fails to do so, and a serious injury results, the victim has a
cause of action against the property owner.
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What if I’m
injured on someone else’s property?
Those injured by a negligent owner or possessor of a premise may recover damages
for their injuries, including, loss of income, medical expenses, pain and
suffering, etc. If you are injured on someone else's property, you should
consult an experienced Florida personal injury attorney who will be able to
analyze your case and the principles of law concerning premises liability. You
should not give an interview to insurance adjusters or investigators hired by
insurance companies until you have consulted with an attorney.
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If I’m hurt on someone
else’s property, what type of legal action can I take?
It depends on the facts of the situation. Here in Florida,
the person who is responsible for maintaining a property in safe condition (the controller) is
liable if someone is injured due to negligent maintenance. That person could be
the property owner, occupier, or tenant. A Florida premises liability lawsuit
could name any of those individuals. The duty that the controller owes to the
person who comes on the premises depends on why the person injured comes.
Visitors fall into three groups: business invitee, licensees (people who come to
a property for social reasons) and trespassers.
Any
personal injury claim can be complex, involving multiple negligent parties, and
overlapping laws. The simple rule of thumb is: if you have a serious injury that
you believe was caused by the negligence of someone else,
contact a premises liability attorney at Chalik &
Chalik Law Offices
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What is my premises liability case worth?
When someone is injured in a premises liability or fall accident, the Law
Offices of Chalik & Chalik would take the following issues into consideration
when determining what a particular case is worth:
- The cost
of your medical bills
- The cost
of future medical bills
- Lost
wages you would have earned while injured
- The cost of future lost wages that you would have earned had you not been
injured
- The pain and suffering you and your family members endured from your
injury
Combining these factors, a Florida premises liability lawyer at our firm
will attempt to determine what the negligent party owes you as a result of not
satisfactorily maintaining their premises.
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Do I need an expert witness to prove a premises liability case?
There are times that an expert witness can be used to good advantage in a
premises liability case. This is particularly true if a case goes to trial.
Medical experts, contractors, economists, and others may have special knowledge
that a jury needs to understand in order to assign damages properly.
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What should I be doing before I see an
attorney?
You should do the following:
- Document all events in a journal, including doctor's visits, and
any contact by anyone regarding the accident
- Photograph your injuries as well as the accident scene from day
one
- Do not speak to anyone regarding the accident, such as an
insurance adjuster, without contacting your attorney
Contact Chalik & Chalik Law Offices
today to discuss your case.
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For more information, please see our
Premises Liability page. |
