When you are seriously injured on someone else’s property, then you may be entitled to a premises liability claim under state law. Whether the accident occurred in a private space, such as another person’s home, or in a public venue, such as an amusement park or restaurant, you need an experienced West Palm Beach premises liability attorney on your side.
Premises liability covers any sort of accident that occurs on a property–slip and falls, dog bites, fires, swimming pool incidents, lead paint poisoning, elevator and escalator injuries, porch collapses, and more. Whatever the cause of the accident, the key to determining damages is figuring out what duty was owed by the property owner. A skilled West Palm Beach premises liability lawyer could connect the owner’s duty to your specific injury and help you recover what you are entitled to. Our personal injury attorneys use a data-driven approach when seeking compensation in and out of court.
State Law On Premises Liability
Premises liability claims are based on an owner’s negligence. The plaintiff must prove the following to succeed in their action:
- There was a duty of care to the injured person
- The property owner breached this duty by failing to adequately maintain the property or warn visitors about hazards
- This breach of duty caused the injuries
- The injury resulted in damages (such as medical expenses, lost wages, etc.)
A premises liability lawyer in West Palm Beach could assist in making the case that all of these conditions are present. A person who wants to ensure all aspects of their injury are proven should retain experienced counsel to help make their case.
Comparative Negligence in a Premises Liability Claim
State law defines a variety of categories of guests on a property, with each category entitled to a different level of care by the owner. Invitees–people invited onto the property by the owner–are entitled to the highest level of care. Invitees include patrons of a business, like a restaurant or supermarket. Licensees come to the property of their own volition and are entitled to a slightly lower level of care than invitees. This includes people like friends and neighbors of the property owner. The least protected category of visitors are trespassers, who do not have an owner’s permission to be on the property.
A premises liability attorney in West Palm Beach can make the case that a person falls into the ‘invitee’ or ‘licensee’ category in order to maximize the damages they are entitled to.
Other State Laws Relevant in Premises Liability Cases
Some other relevant portions of state law that an experienced attorney could help an injured person navigate are the comparative negligence law and the statute of limitations for injury cases. Both areas of the law can greatly affect a premises liability claim.
Under the comparative negligence law, a person is entitled to damages in proportion to their responsibility for the accident. This incentivizes the opposing side to say the injured person was not paying attention or doing something else to cause the injury, thus limiting or negating the property owner’s liability. Under the statute of limitations, a victim has four years from the date of the accident to pursue a claim. A West Palm Beach lawyer could file a premises liability claim properly and timely to maximize the chances of success.
Call a West Palm Beach Premises Liability Attorney Today
When you are injured on someone else’s property, you could be entitled to compensation. You should call an experienced West Palm Beach premises liability attorney today to start investigating and building your case. The defendant property owner will have representation on their side–you should, too.
By calling KMW Legal, the injury ends when you get hurt. When you try to pursue a case on your own, you may experience more pain and suffering at the hands of the insurers and the legal system. Call an experienced West Palm Beach premises liability attorney today.