Premises liability is the legal theory by which negligent property owners could be held liable for injuries that occur on their premises. Accidents could happen at individual properties, those owned by public institutions, and private businesses. Some of the most common locations involved in premises liability cases include schools and universities, amusement parks and recreation centers, retail stores and restaurants, construction sites, banks, hotels, private residences, workplaces, and government buildings.
If you or your loved one was injured while on another person’s or business’ property, you could be eligible for compensation from the responsible party. An experienced Trinity premises liability attorney could evaluate the circumstances of your accident and determine how best to proceed with a personal injury claim.
Evaluating Fault
Property owners and managers have a duty to ensure their premises are reasonably safe, especially when they know people will be visiting their property to conduct business, visit, work, or play. When an accident occurs, courts typically look at a few factors to determine negligence and liability for the accident. The courts may consider whether the property owner or management:
- Knew or should have known about a hazard but ignored or failed to repair it
- Failed to regularly inspect the property for hazards that could reasonably be expected to arise, such as spills in a grocery store or worn seatbelts on an amusement park ride
- Neglected regular maintenance on the property
- Failed to warn consumers or visitors about a known danger, such as wet floors
In these situations, an experienced Trinity premises liability attorney could gather evidence and help hold the at-fault party accountable for their negligent behavior.
Statute of Limitations
The time limit for filing a premises liability claim in Trinity is four years from the date of the accident, but there are a few exceptions. For example, the courts may consider an extension if there was a reasonable delay before the victim discovered the injury. In general, Florida’s statute of limitations for personal injury victims is considered fairly generous compared with other states, and therefore exceptions may be granted rarely.
For help determining the statute of limitations and any exceptions in a particular case, victims should consider contacting a knowledgeable premises liability lawyer in Trinity. A skilled attorney could also help victims prepare and file their claims in a timely manner.
Pure Comparative Negligence
Florida reduces the compensation awards of victims who are partially responsible for their own injuries by the percentage of fault they bear. Unlike some other states, however, Florida does not bar recovery for victims who were themselves negligent. This is true even when a victim is more at fault than other parties. As long as the victim can establish that another party’s negligence was partially to blame for their injuries, they could still recover compensation.
Consult an Experienced Trinity Premises Liability Attorney
If you were injured on another’s property, consider consulting with a dedicated Trinity premises liability lawyer. An attorney could investigate whether the property owner acted negligently and hold them accountable for their behavior. Call today to schedule a consultation.
