Fort Lauderdale Premises Liability Attorney
Property and business owners in Fort Lauderdale owe a legal duty to protect their visitors, guests and customers from unnecessary harm. When they fail to meet this duty, they can be held liable under Florida law. These types of claims are governed by the law of “premises liability,” and Fort Lauderdale premises liability attorney, Joseph Maus, has decades of experience holding property owners, business owners and their insurance companies accountable in slip and fall or similar cases.
When you visit an office, park, place of business or someone else’s home, you expect not to have to worry. In fact, most of us do not give a second thought to the possibility that we might get injured due to an unsafe property condition. Unfortunately, this risk is very real, and adults and children of all ages frequently get injured by unexpected property hazards.
Examples of Dangerous Property Conditions That Can Lead to Serious Injuries
If you or a member of your family has been injured on someone else’s property in Fort Lauderdale, do you have a claim for financial compensation? Here are some of the most-common types of premises liability claims:
- Slip and Fall and Trip and Fall Accidents – Slip and fall and/or trip and fall hazards account for a significant portion of all premises liability claims. Spills, worn walking surfaces, recently-cleaned floors, unmarked curbs and various other hazards can all lead to falls resulting in potentially-serious injuries.
- Elevator and Escalator Accidents – Elevator and escalator malfunctions can cause various types of severe traumatic injuries. Property owners in Florida have an obligation to keep their elevators and escalators well-maintained in order to prevent accidents from occurring.
- Negligent Security – Failure to provide adequate security in order to protect guests from assaults and other forms of violence can justify claims against property and business owners. Depending on the particular circumstances involved, this could involve failure to provide adequate lighting, failure to install fencing, failure to hire a security guard and various other forms of negligence.
- Dog Bites and Other Animal Attacks – Property owners can face liability when they fail to prevent dog and other animal attacks on their premises. Under Florida’s dog bite law, owners can be held liable regardless of the dog’s known propensity for viciousness.
- Drowning and Near–Drowning Accidents – Drowning and near-drowning accidents at public and private swimming pools can have devastating consequences. Pool owners have an obligation to take reasonable measures to prevent children and other at-risk individuals from gaining access to their pools unsupervised, and they must ensure that the walking surfaces around their pools do not present slip-and-fall hazards.
- Dangerous Staircases, Handrails and Railings – Falls caused by dangerous staircases, handrails and railings can cause serious injuries as well. Common issues include stairs that are too tall or too narrow, stairs that are in disrepair, and loose or missing handrails and railings.
- Falls from Windows and Balconies – Falls from windows and balconies often end in tragedy. If you have been permanently disabled due to a fall, or if you have lost a loved one in a fall from a window or balcony, you may be entitled to significant financial compensation under Florida law.
- Injuries from Falling Objects and Debris – Injuries caused by falling objects and debris can range from concussions to severe lacerations that result in permanent scarring. From stores to construction sites, this is a risk on various different types of premises.
- Electrocutions and Electrical Burns – Electrocutions and electrical burns can result from hazards on various different types of premises as well. Faulty wiring, exposed wiring, inadequate property maintenance and other issues can create risks for visitors, employees and contractors.
- Dangerous Playground Accidents – Playground equipment and playground layouts must be designed with the risk of injury in mind. This includes the risk of injury from falls, crushing or pinching, collisions with other children, and playground equipment malfunctions.
- Amusement Park Accidents – Equipment malfunctions at amusement parks also present the risk or serious and fatal injuries. If you live in Fort Lauderdale and you or a member of your family was seriously injured or killed at a Florida amusement park, premises liability attorney Joseph Maus can help you recover just compensation.
- Unsafe Workplace Accidents – A significant number of employees get injured in premises-related accidents every year. If you got hurt on the job, you may have a premises liability claim against the property owner, and you may also be eligible to file for workers’ compensation benefits.
- Broken or Uneven Sidewalks – Uneven concrete slabs or raised pavement on a sidewalk can create a risk for pedestrians and individuals who run in the area. Such issues can lead to trip and fall accidents that result in bruises, sprains, and broken bones.
This list is not exhaustive. There are many more ways that serious and fatal injuries can occur on public or private property. If you or a family member has been harmed in any type of premises-related accident, we encourage you to contact us promptly for a free consultation about your legal rights.
Why You Should Hire a Premises Liability Attorney
If you’ve been injured in an accident on someone else’s property in Fort Lauderdale, you may wonder whether you should hire a premises liability attorney. Our simple answer is: You have no reason not to. There are lots of ways an attorney can help you, from evaluating your legal rights to fighting for the compensation you deserve.
Here are five reasons why we recommend that you speak with a Fort Lauderdale premises liability attorney:
- To Find Out if You Have a Claim – Understanding your legal rights after a premises-related accident isn’t easy. Different rules apply in different situations, and you need to know if the property owner’s insurance company will be able to blame you for your own injuries. An attorney can review all relevant facts to determine if you have a claim.
- To Find Out How Much You Can Recover – If you have a claim, you will also want to know how much you are entitled to recover. Under Florida’s premises liability laws, accident victims are entitled to just compensation for their financial and non-financial losses. To find out how much you can recover for your medical expenses, lost earnings, pain and suffering, and other losses, you will need to obtain a claim assessment from an experienced attorney.
- To Make Sure You Get the Care You Need – An experienced attorney will also be able to help make sure you get the treatment you need. Your attorney can help you understand the importance of getting medical care, refer you to a local specialist, and help you deal with any payment issues while your claim is pending
- To Make Sure You Get the Compensation You Deserve – To recover the compensation you deserve, you will need an experienced attorney on your side. When you hire an attorney, your attorney will negotiate with the property owner’s insurance company, and your attorney will take the insurance company to court if necessary.
- To Avoid Paying the Costs of Someone Else’s Mistake – If you’ve been injured in an accident on someone else’s property, you should not pay the costs of their mistake. Traumatic injuries can lead to substantial long-term costs, and these are not costs you should have to bear on your own.
How Fort Lauderdale Premises Liability Attorney Joseph Maus Can Help
In order to recover financial compensation for a premises-related accident in Florida, you must be able to prove that the property owner breached its duty of care. You must also be able to prove that this breach caused the accident, and you must be able to prove the financial and non-financial costs of your injuries or your loved one’s death.
Fort Lauderdale premises liability attorney Joseph Maus has the experience required to help you recover just compensation. He can work quickly to investigate the cause of the accident, and he can help make sure you get the treatment you need to recover. He can accurately calculate your damages, and he can negotiate with the property or business owner’s insurance company to secure the financial compensation you deserve.
FAQs: Asserting Your Legal Rights Under Florida’s Premises Liability Laws
How Can I Prove that My Accident was the Property Owner’s Fault?
Proving that a property owner is legally responsible for an accident requires a prompt and thorough investigation. In many cases, this will involve collecting evidence both at the scene of the accident and from other sources. If you took photos after your accident, or if you took photos before the accident that show the condition of the property, these can be extremely helpful. But, even if you don’t have photos, your attorney may still be able to prove that the property owner was at fault through a variety of other means.
What if the Property Owner has Fixed the Issue that Caused My Accident?
In many cases, property owners will promptly fix issues that cause accidents so that no one else gets injured. If the property owner has fixed the issue that caused your accident, an experienced Fort Lauderdale premises liability attorney may still be able to help you recover just compensation. From eyewitness testimony and surveillance camera footage to receipts showing what repairs were made and when, there are many ways to prove the cause of an accident even if the cause no longer exists.
What if I Need Financial Help But I Don’t Want to File a Claim Against a Friend, Neighbor or Family Member?
If you were injured in an accident at a friend’s, neighbor’s or family member’s house, you don’t have to worry about filing a claim against your acquaintance or relative directly. Homeowner’s insurance and renter’s insurance policies generally cover premises-related accidents, so recovering your losses will most likely involve dealing with your friend’s, neighbor’s or family member’s insurance company.
If I Got Hurt at Work, Do I Need a Premises Liability Attorney or a Workers’ Compensation Attorney?
If you got hurt at work, you may need an attorney who handles premises liability claims and workers’ compensation claims. If your employer rents the premises where you got hurt (or if you got hurt at a job site), you could have a premises liability claim against the property owner and a workers’ compensation claim against your employer’s insurance company.
Who Do I Sue for a Playground Accident in Fort Lauderdale?
If your child was injured at a playground in Fort Lauderdale, you may have a claim against the playground’s owner. Depending on where the playground is located, this could be your neighborhood HOA, a school or church, or a local or state government agency. If your child got hurt because the playground equipment was defective, you may have a claim against the playground equipment manufacturer as well.
How Do I File a Claim for a Near-Drowning Accident in Fort Lauderdale?
To file a claim for a near-drowning accident in Fort Lauderdale, you will need to engage a local premises liability attorney promptly. Our firm handles cases against homeowners, HOAs, local and state government agencies, hotels and motels, and other businesses throughout the Fort Lauderdale area.
When Can I Sue a Dog Owner After a Dog Attack in Fort Lauderdale?
Under Florida law, you can sue a dog owner any time you get attacked by a dog. While some states have “one free bite” rules that protect dog owners, Florida does not. If you suffered injuries that required medical attention, you are entitled to just compensation for your medical bills and other losses.
Can I Sue a Business if I was Assaulted on the Business’s Premises?
Businesses in Florida have a duty to provide adequate security. If you got assaulted on a business’s premises (i.e., in a parking garage, bar or nightclub) because the business failed to provide adequate security, you will want to speak with a Fort Lauderdale premises liability attorney about your legal rights.
Contact Us for a Free Consultation about Your Premises Liability Claim
Regardless of what happened, if you believe you may have a premises liability claim, we invite you to schedule a free initial consultation with attorney Joseph Maus. With offices in Fort Lauderdale, Mr. Maus represents clients throughout South Florida, and he can come to you if necessary. To discuss your case in confidence as soon as possible, call 855-999-5297 or tell us about your situation online now.