Florida Premises Liability attorney


The Broad Spectrum of Premises Liability in Florida

Premises liability law in Florida is a complex area of personal injury law that holds property owners and occupiers accountable for injuries that occur on their property. This area of law covers a wide range of incidents, including slip and fall accidents, swimming pool accidents, dog bites, inadequate security leading to assault or theft, elevator and escalator accidents, and exposure to hazardous substances. The essence of a premises liability claim is that the property owner or occupier failed to maintain a safe environment, leading to injury or harm.

Property owners have a legal obligation to ensure their premises are safe for visitors. This includes regular inspections to identify potential hazards, timely repairs of known dangers, and adequate warning signs for areas that might pose a risk. When property owners neglect these responsibilities, and someone is injured as a result, the injured party may have grounds for a premises liability claim. These claims can seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury.

Determining Liability and Understanding the Duty of Care

In Florida, determining liability in a premises liability case hinges on the property owner’s duty of care, which varies based on the visitor’s classification:

  1. Invitees: These individuals are invited onto the property for commercial or business purposes, such as customers in a store or guests in a hotel. Property owners owe the highest duty of care to invitees, requiring them to regularly inspect the premises for hazards, promptly repair any dangers, and provide clear warnings of potential risks.
  2. Licensees: These are social guests invited for non-commercial purposes, such as friends or family visiting a home. Property owners must warn licensees of known dangers but are not obligated to conduct regular inspections for their benefit.
  3. Trespassers: Generally, property owners owe no duty of care to trespassers, except not to willfully harm them or set traps. However, there are exceptions, particularly for child trespassers. The attractive nuisance doctrine holds property owners liable if they have a dangerous condition on their property that is likely to attract children, such as a swimming pool, and fail to take adequate precautions to prevent children from accessing it.

Establishing the property owner’s duty of care and proving that they breached it is a critical step in a premises liability case. An experienced personal injury attorney can help navigate these complexities and build a strong case on your behalf.

Navigating the Legal Journey with Ehrlich & Naparstek Florida Personal Injury and Workers’ Compensation Injury Attorneys

Pursuing a premises liability claim in Florida can be a daunting and complex process. It involves gathering evidence to prove the property owner’s negligence, documenting your injuries and their impact on your life, and navigating the legal system. Ehrlich & Naparstek’s experienced attorneys can guide you through every step of this journey.

From the initial consultation, where they will listen to your story and assess the viability of your claim, to the investigation phase, where they will gather evidence such as incident reports, witness statements, and medical records, Ehrlich & Naparstek will be by your side. They will also handle negotiations with insurance companies, ensuring that you are not pressured into accepting a lowball settlement. If necessary, they are prepared to take your case to court and advocate for your rights before a judge and jury.

The Impact of Comparative Fault in Florida

Florida’s comparative fault system can significantly impact the outcome of a premises liability case. Under this system, if the injured party is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 30% at fault for not paying attention to a warning sign, your compensation would be reduced to $70,000.

This aspect of Florida law highlights the importance of having skilled legal representation. An experienced attorney can help minimize the percentage of fault attributed to you, maximizing your potential compensation.

Why Choose Ehrlich & Naparstek Florida Personal Injury and Workers’ Compensation Injury Attorneys for Your Premises Liability Claim?

Choosing the right legal representation can make a significant difference in the outcome of your premises liability case. Ehrlich & Naparstek have a proven track record of successfully representing clients in a variety of premises liability cases. Their attorneys are dedicated to fighting for the rights of injured individuals and ensuring they receive the compensation they deserve.

With their expertise in Florida premises liability law, personalized approach to each case, and commitment to client satisfaction, you can trust Ehrlich & Naparstek to handle your case with the care and attention it deserves. They will work tirelessly to achieve the best possible outcome for you, allowing you to focus on your recovery.

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Answers from Ehrlich & Naparstek Personal Injury Lawyers

Get answers to the most frequently asked questions about personal injury cases from Ehrlich & Naparstek Personal Injury Lawyers. Learn about your legal rights, the claims process, and how to handle insurance companies effectively.

What is premises liability in Florida?

Premises liability in Florida refers to the legal responsibility of property owners to ensure their property is safe for visitors. For more information, visit the Florida Statutes on Premises Liability.

Who can file a premises liability claim in Florida?

Anyone who is injured on someone else's property due to the property owner's negligence can file a premises liability claim. Learn more at the Florida Department of Health.

What types of accidents fall under premises liability in Florida?

Premises liability cases can include slip and falls, dog bites, swimming pool accidents, and more. For detailed information, visit the Centers for Disease Control and Prevention.

What should I do immediately after a premises liability accident in Florida?

Seek medical attention, document the accident scene, and contact a premises liability lawyer. Refer to the Florida Health Care Association for assistance.

How long do I have to file a premises liability claim in Florida?

The statute of limitations for premises liability claims in Florida is typically four years from the date of the accident. Check the Florida Statutes of Limitations for more details.

What is the role of negligence in a premises liability case in Florida?

Negligence must be proven to win a premises liability case, showing the property owner failed to maintain safe conditions. Visit the Florida Bar Association for more insights.

Can I file a claim if I was partially at fault for my injury?

Yes, Florida follows a comparative negligence rule, which may reduce your compensation based on your fault percentage. More information can be found at the Florida Department of Financial Services.

How can I prove a property owner's negligence in a premises liability case?

Evidence such as photographs, witness statements, and expert testimonies can help prove negligence. Refer to the National Institute of Standards and Technology for guidelines.

What are common defenses used by property owners in premises liability cases?

Common defenses include arguing the victim was trespassing or the hazard was obvious. Visit the Legal Information Institute for more legal perspectives.

Can I sue a government entity for a premises liability claim in Florida?

Yes, but there are specific procedures and limitations for suing government entities. Learn more from the Florida Government Claims Act.

What damages can I recover in a premises liability claim in Florida?

You can recover medical expenses, lost wages, pain and suffering, and more. For detailed information, visit the Florida Division of Workers' Compensation.

Do I need a lawyer to file a premises liability claim in Florida?

While not required, a lawyer can help navigate the complexities of premises liability cases. For legal assistance, visit the Florida Bar Lawyer Referral Service.

What is the duty of care owed by property owners in Florida?

Property owners must maintain their property and repair dangerous conditions promptly. More information is available at the Occupational Safety and Health Administration.

Can I file a claim if I was injured at a rental property in Florida?

Yes, tenants can file a premises liability claim against landlords if negligence is proven. Visit the U.S. Department of Housing and Urban Development for tenant rights information.



At Ehrlich & Naparstek, we offer comprehensive legal solutions across a broad spectrum of personal injury areas, ensuring our clients receive the dedicated and expert representation they deserve. Our seasoned attorneys are committed to championing the rights of injury victims and securing the compensation they are entitled to. Below is an overview of the key cities and each case type we service in Florida.

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Essential Personal Injury Tips

Guidance from Ehrlich & Naparstek Personal Injury Lawyers

Discover valuable tips and insights from Ehrlich & Naparstek Personal Injury Lawyers to navigate the complexities of personal injury cases. Whether you’ve been in an accident or need advice on dealing with insurance companies, our expert guidance will help you protect your rights and make informed decisions. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach) to schedule an appointment