Premises Liability

FLORIDA PREMISES LIABILITY LAWYERS

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Lake Mary Premises Liability Attorney

In Lake Mary, Florida, accidents can happen anywhere. Whether it is a slip and fall on a wet floor, a trip over a raised sidewalk, or a dog bite, property owners are legally responsible for maintaining safe premises for visitors. If a property owner’s negligence injures you, a Lake Mary premises liability attorney from Chubb Law can help you seek compensation for your damages.

As your legal representatives, we will carefully evaluate your case to establish the full extent of liability and the most effective path toward securing justice for you. Contact us today to schedule a free consultation and learn how we can help you get justice.

What You Need to Know About Premises Liability Law in Florida

Premises liability is a legal concept that holds property owners or occupiers responsible for accidents and injuries that occur on their property due to unsafe conditions. In Florida, property owners have a legal duty to maintain reasonably safe conditions for anyone legally present on their premises. When a property owner fails to uphold this duty and someone is injured as a result, they may be held liable for damages.

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Understanding Premises Liability in Seminole County

Premises liability claims can involve many types of properties, including:

  • Commercial properties
  • Residential properties
  • Public properties
  • Private property

Each type of property may be governed by different legal standards, making it essential to have a qualified Lake Mary premises liability lawyer evaluate your case.

Key Legal Concepts in Florida Premises Liability Law

Florida premises liability law is governed by specific statutes and legal principles that outline the duties of property owners and the rights of individuals who are injured on their property. Understanding these legal standards and the burden of proof is essential to successfully pursuing a premises liability claim. The duty of care owed by a property owner to a visitor depends on the visitor’s status. Florida law categorizes visitors into three groups:

  • Invitees: These are individuals who enter a property for a business purpose, such as customers in a store. Property owners owe the highest duty of care to invitees, meaning they must keep the premises reasonably safe, regularly inspect the property for hazards, and warn of any known dangers.

  • Licensees: Licensees are individuals who enter a property for social purposes, such as guests at a private home. Property owners owe a lesser duty of care to licensees but must still warn them of any known dangers or hazards.

  • Trespassers: Trespassers are individuals who enter a property without permission. Property owners generally owe no duty of care to trespassers except in limited situations, such as when the property owner knows that children are likely to trespass.

Premises Liability Statistics

Premises liability is a significant area of personal injury law in Florida, given the state’s high population, frequent tourism, and wide variety of residential, commercial, and public properties. Understanding the specific statistics related to premises liability in Florida helps illustrate the scope of these incidents and their impact on residents and visitors. Here are key statistics regarding premises liability:

National Statistics

    • According to the Insurance Information Institute (III), in 2023, there were 19,062 homeowners insurance claims related to dog bites or other dog-related injuries, with insurers paying out over $1 billion.

Florida Statistics

    • Florida is the most-visited state in the U.S., attracting over 140 million visitors in 2023 alone. With such a high volume of tourists, many premises liability claims arise in hotels, amusement parks, resorts, and other tourist attractions.

  • According to the Florida Department of Health, 109 deaths resulted from unintentional falls in Seminole County in 2022.

  • According to the III, Florida had the second-highest number of dog bite claims in the U.S. in 2023, with an average claim cost of $66,615.

  • Florida leads the nation in the number of drowning deaths for children under the age of five. According to the Florida Health Department, drowning is the leading cause of death for children aged 1 to 4 in the state.

  • Florida’s theme parks, including Walt Disney World, Universal Studios, and SeaWorld, attract millions of visitors annually. While these parks are generally safe, accidents do happen. A number of injuries were reported at major theme parks in Florida, according to the state’s quarterly injury reports.

Legal Rights of Premises Liability Accident Victims

If you are injured on public or private property due to a property owner or operator’s negligence, you may be entitled to compensation under Florida’s premises liability laws. Here are the legal rights Florida premises liability accident victims have:

  • Right to file a claim for compensation: You can file a personal injury claim against the property owner or other responsible parties. If the property owner or occupier was negligent in maintaining the property or failed to warn you about dangerous conditions, they may be liable for your injuries.

  • Right to compensation for damages: You are entitled to compensation for your injuries. This compensation, also referred to as damages, may cover various losses.

  • Right to hold multiple parties liable: You can pursue compensation from multiple liable parties, including property owners, property managers or tenants, contractors, and third-party security companies.

  • Right to pursue a wrongful death claim: If a loved one tragically dies because of a premises liability accident, surviving family members can pursue a wrongful death claim. Under Florida Statute §768.21, the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of the family.

    • Right to a reasonable standard of care: As a visitor to someone else’s property, you have the legal right to expect a reasonable standard of care.

  • Right to legal representation: You can seek the assistance of Lake Mary premises liability attorneys Mitch Chubb and Christopher Pettus to help navigate the legal process.

Damages You Can Recover in Premises Liability Cases

If dangerous conditions on someone else’s property caused you injuries, you may be entitled to compensation for your losses. In a successful premises liability claim, you can seek compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Disability or disfigurement
  • Loss of enjoyment of life
  • In cases involving gross negligence or intentional misconduct, you could also receive punitive damages to punish the property owner and deter similar behavior.

     

Our premises liability attorneys in Lake Mary have a 99% success rate and have recovered millions for our clients. We also have a five-star Google rating, demonstrating our commitment to injured parties in Lake Mary and throughout Seminole County. We will work tirelessly to recover maximum compensation for the damages you suffered because of a property owner’s negligence.

Insurance Coverage for Premises Liability Accidents

When unsafe conditions on someone else’s property cause you injuries, the property owner’s insurance typically plays a central role in compensating you. Premises liability insurance covers accidents, injuries, and damages that occur on a property due to negligence. Different insurance policies may cover injuries and damages resulting from premises liability accidents, depending on the property’s nature and the accident’s circumstances.

  • Homeowners’ insurance: Homeowners’ insurance typically provides coverage for premises liability accidents that occur on residential property.

  • Commercial General Liability (CGL) insurance: Business owners typically carry CGL, which provides coverage for premises liability claims that occur on commercial properties.

  • Renters’ insurance: If the property owner is a tenant, renters’ insurance may provide coverage for premises liability claims.

  • Umbrella insurance: Umbrella insurance provides additional coverage beyond the policy limits of standard homeowners’, renters’, or CGL policies.

 

  • Landlord insurance: Landlords who own rental properties often carry landlord insurance, which covers liability claims involving tenants, visitors, or contractors injured on the rental property.
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Common Types of Premises Liability Cases We Handle in Seminole County

At Chubb Law, we handle the following common premises liability cases in Lake Mary and throughout Seminole County:

Slip-and-Fall and Trip-and-Fall Accidents

Slip-and-fall and trip-and-fall accidents are among the most common premises liability claims. These accidents often result from wet or slippery floors, uneven surfaces, clutter or debris, and inadequate lighting. These accidents can lead to serious injuries, including broken bones, head trauma, and spinal cord injuries.

Inadequate Security

In some cases, a property owner’s failure to provide adequate security can lead to violent crimes or other harmful incidents. This type of premises liability claim often involves assaults or robberies and negligent security. Inadequate security claims require a detailed investigation into the property owner’s security protocols and whether they took reasonable steps to protect visitors.

Dog Bites and Animal Attacks

Dog bites and other animal attacks can lead to severe physical and emotional trauma. In Florida, dog owners are held strictly liable for injuries caused by their pets, regardless of whether the dog has a history of aggression.

Swimming Pool Accidents

Florida is home to numerous residential and commercial swimming pools, making pool-related accidents a common source of premises liability claims. Property owners are legally responsible for securing swimming pools and taking proper safety measures, especially when children are involved. Failing to install appropriate fencing, safety gates, or signage can result in liability for any accidents that occur.

Fire and Building Code Violations

Accidents and injuries can also occur due to fire hazards or building code violations. Property owners must comply with fire safety regulations, ensure that smoke detectors and fire extinguishers are in working order, and address any hazards that could lead to a fire or building collapse.

Elevator and Escalator Accidents

Elevators and escalators can pose significant risks when they are not properly maintained. Property owners are responsible for ensuring that these devices are regularly inspected and maintained according to safety standards.

Falling Objects

Falling objects can be a hazard in commercial settings, especially in retail stores, warehouses, and construction sites. Unsecured items on shelves, falling debris, or construction materials can cause severe head injuries or other physical harm. In cases involving unsecured items on shelves and falling debris or construction materials, the property owner or business may be liable for failing to take proper safety precautions.

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What to Do After a Premises Liability Accident

If you are injured in a premises liability accident in Florida, taking the proper steps immediately after the incident is crucial for protecting your health and legal rights. Here is what to do after a premises liability accident:

  • Seek medical attention immediately, even if you believe your injuries are minor.

     

  • Notify the property owner, manager, or person in charge of the premises as soon as the accident occurs.

     

  • Gather evidence of hazardous conditions at the scene.

     

  • Avoid making detailed statements or admissions because the insurance company can use anything you say after the accident against you.

     

  • Consult a Chubb Law Lake Mary premises liability attorney because we can increase your chances of obtaining the compensation you deserve and ensure that your rights are protected.

     

Being involved in a premises liability accident can be overwhelming, but taking the right steps immediately after the incident can protect your health and strengthen your legal claim. If you are injured due to unsafe conditions on someone else’s property, working with our experienced premises liability attorneys is the best way to uphold your rights and receive compensation for your damages.

The Cost of Premises Liability Accidents

Premises liability accidents can result in significant physical, emotional, and financial burdens. The various costs associated with premises liability accidents include:

  • Medical costs
  • Lost wages and earning capacity
  • Pain and suffering
  • Legal costs
  • Property damage
  • Insurance costs and premium increases

     

Beyond the immediate financial costs to you and the property owner, premises liability accidents also have a long-term economic impact on society, including increased healthcare costs, lost productivity, social services, and a burden on the legal system. According to the National Safety Council (NSC), the economic and lost quality of life cost of preventable accidents in 2022 was over $7.3 billion.

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Common Causes of Premises Liability Accidents

Premises liability accidents are often the result of avoidable hazards. Here are some of the most frequent causes of premises liability accidents:

Slip and Fall Accidents

These accidents are often caused by:

  • Wet or slippery floors
  • Uneven flooring
  • Loose rugs or mats
  • Cluttered walkways
  • Poor lighting

Inadequate Maintenance

Failure to address maintenance issues can lead to accidents caused by:

  • Broken or uneven stairs
  • Damaged sidewalks or parking lots
  • Leaking roofs or ceilings
  • Faulty elevators or escalators

Inadequate Security

Inadequate security measures can lead to violent crimes, including assaults, robberies, or sexual assaults. Common examples of negligent security include:

  • Lack of security personnel
  • Insufficient lighting
  • Broken locks or security gates
  • Failure to install security cameras

Swimming Pool Accidents

Common causes of swimming pool-related accidents include:

  • Lack of supervision
  • No safety barriers
  • Slippery surfaces
  • Defective pool equipment

Fire Hazards

Common fire hazards in premises liability cases include:

  • Faulty wiring
  • No fire safety equipment
  • Blocked emergency exits
  • Improper storage of flammable materials

Defective or Dangerous Conditions

Premises liability claims can arise when dangerous conditions on a property lead to injury. Examples include:

  • Broken railings
  • Unsafe balconies or decks
  • Falling objects

Dog Bites

Contributing factors to dog bite accidents include:

  • Failure to restrain the animal
  • No warning signs
  • Trespassing

Toxic Exposure

Property owners are responsible for ensuring their premises are free from toxic substances and adequately warning visitors of known dangers. Common causes of toxic exposure claims include:

  • Poor ventilation
  • Water contamination
  • Mold growth

Playground and Amusement Park Accidents

Playgrounds and amusement parks can be particularly dangerous if equipment is not properly maintained or designed. Common causes of accidents in these areas include:

  • Defective playground equipment
  • Poor supervision
  • Ride malfunctions
  • Improper safety measures

Construction Site Accidents

Common causes of premises liability accidents at construction sites include:

  • Falling debris
  • Unmarked hazards
  • Unsafe equipment
  • Inadequate safety barriers

The Premises Liability Claim Process in Seminole County

If the insurance company denies liability or offers an unsatisfactory settlement, our Lake Mary premises liability attorneys may recommend filing a premises liability lawsuit. Filing a lawsuit involves the following steps:

  • Pre-suit notice: In some cases, particularly if the claim involves a governmental entity, you may be required to give the defendant notice of your intention to sue before filing a lawsuit.

     

  • Filing the complaint: We will file a formal complaint in the Seminole County Circuit Court, outlining the details of the accident, the legal grounds for your claim, and the damages you seek.

     

  • Discovery: During the discovery phase, both sides will exchange evidence and information, including depositions, interrogatories, requests for documents, and expert witness reports.

     

  • Mediation or arbitration: Before proceeding to trial, many premises liability cases in Seminole County go through mediation or arbitration, where both parties attempt to resolve the case with the help of a neutral third party.

     

  • Trial: If mediation or arbitration does not result in a settlement, your case will go to trial.

     

  • Receiving compensation: If you settle your case or win at trial, you will receive your compensation.

Building a Strong Case for Premises Liability

Building a strong case for premises liability is essential for securing the compensation you deserve after an accident caused by unsafe conditions on someone else’s property. Key steps to building a strong premises liability case include:

  • Understanding the legal elements of premises liability

  • Preserving and gathering evidence

  • Proving the property owner’s knowledge of the hazard

  • Establishing the severity of your injuries

  • Determining whether to negotiate a settlement or go to trial

  • Working with a knowledgeable Lake Mary premises liability law firm

 

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Florida Premises Liability Statute of Limitations

There is a limited window of time to file a premises liability lawsuit in Florida. This is known as the statute of limitations. In most cases, you must file a personal injury lawsuit within two years of the accident date. However, certain exceptions may apply, so it is essential to consult with our Lake Mary premises liability lawyers as soon as possible to avoid missing crucial deadlines.

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Establishing Negligence in a Florida Premises Liability Case

To establish a premises liability claim in Florida, you must prove the following elements of negligence:

  • Duty: The property owner owed a legal duty of care to the injured party, depending on whether the visitor was an invitee, licensee, or trespasser.

     

  • Breach of duty: The property owner breached this duty by failing to maintain the premises in a safe condition, warn of a hazard, or otherwise act negligently.

     

  • Causation: The property owner’s breach of duty directly caused your injury.

     

  • Damages: You suffered damages, such as medical bills, lost wages, or pain and suffering because of the injury.

Comparative Fault in a Premises Liability Claim

Florida operates under a comparative negligence system, meaning that you can recover damages if you are 50% or less at fault for the accident. However, the percentage of fault assigned to you will reduce your compensation.

The defense will likely argue that you bear some responsibility for the accident, and the property owner’s attorney may use this defense to reduce the amount of compensation you receive. This makes it crucial to show you were acting reasonably and to minimize contributory negligence claims. It is critical to have a well-prepared case to minimize any reduction in compensation.

Liability in Premises Liability Accidents

As mentioned, the specific level of liability in a premises liability accident depends on your status on the property. Additional factors affecting liability include:

  • Open and obvious hazards: If a hazard is open and obvious, the property owner may not be liable unless they should have reasonably anticipated that you would not avoid the hazard.

  • Assumption of risk: You may be barred from recovery if you voluntarily assumed the risk of the hazardous condition.

  • Contributory negligence: Your own negligence could reduce your recovery if it contributed to your injuries.

Common defenses to premises liability claims include:

  • Assumption of risk: The property owner can argue that you knowingly and voluntarily assumed the risk of the hazardous condition.

  • Contributory negligence: The property owner can argue that your own negligence contributed to your injuries.

  • Comparative negligence: In some jurisdictions, the property owner can argue that your negligence contributed to the accident and reduce your damages accordingly.

Premises liability laws can vary by jurisdiction. If you are injured in a premises liability accident, consult our attorneys to discuss your specific case and understand your legal rights.

 

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Why You Should Choose Chubb Law for Your Premises Liability Case

Navigating a premises liability case can be challenging, especially when dealing with insurance companies and legal procedures. Chubb Law provides you with these eight promises:

  1. 1. We will listen to your full story for free.

  2. 2. We will give you 110% if you take your case.

  3. 3. You will pay us nothing unless we win your case.

  4. 4. We will provide you with unlimited communication.

  5. 5. We will consistently keep you informed about your case.

  6. 6. We consult you on every decision we make regarding your case.

  7. 7. We will increase any existing offer from the insurance company.

  8. 8. We will get you more compensation than without an attorney.
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Contact a Lake Mary Premises Liability Attorney Today

If you are injured in a premises liability accident in Lake Mary, contact our experienced attorneys at Chubb Law to schedule a free case evaluation. We can help you understand your legal rights and pursue the compensation you deserve.

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PREMISES LIABILITY FAQ

We could list all the awards we’ve received or tell you how much better our results are than other law firms– but that’s not what makes us different. We are different because we truly care about our clients. Because we care, you won’t feel like you’re one of 10,000. You will feel heard and prioritized. You will feel confident in your legal team. You will feel like you’re in the right place.

It doesn’t cost anything to start your case and you will never pay us anything out of your own pocket. We work on a contingency fee basis, which means you pay us only if we win your case. Our fee comes in the form of a percentage of the settlement or verdict amount we obtain.

We tell people all of the time, “if insurance companies would just treat people right there would be no need for what we do.” Unfortunately, most of the time insurance companies don’t treat people right. The only way to ensure you are protecting your rights is to consult with an attorney.

No. Not without consulting an attorney. We make all clients an “Increased Offer Guarantee.” If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.

Yes. In the state of Florida, you can change attorneys mid-case. In fact, you can fire your current lawyer for practically any reason. The Florida Supreme Court has set out “10 Basic Rights” that every client is entitled to from their lawyer. Read more about those here. 

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Mitch’s 8 Promises

1

Full-story, free consultation.

Our initial conversation does not have a time limit. We want to connect and hear your full story.

2

110%

We are selective in the cases we take so we can give 110% to those we do.

3

$0 out-of-pocket fees.

You will never pay us anything out of your own pocket. There are never upfront costs on your case. We only get paid if we win your case.

4

Unlimited.

Our clients are guaranteed unlimited communication with their legal team.

5

Proactive communication.

We consistently communicate with you to keep you updated on your case.

6

You call the shots.

You call the shots, we lead the way. We never make decisions against your desires.

7

Increased offer guarantee.

If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.

8

The “why should I hire an attorney guarantee.”

When you hire us, not only will we handle everything, but the result we get will leave you with more in your pocket— even after attorney’s fees.

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Meet Mitch Chubb

Contact Us Today for a Free Case Evaluation

Do not wait to seek legal help if you or a loved one has been injured in an accident. Contact our Seminole County personal injury law firm today to schedule a free, no-obligation case evaluation. During your consultation, we will review the details of your case, explain your rights and legal options, and provide you with honest and straightforward advice about how to proceed.

Remember, you do not have to face this difficult time alone. Let Mitch and Christopher fight for you so you can focus on your recovery and move forward with your life.

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