Premises Liability

WHAT IS PREMISES LIABILITY?

 

Premises liability occurs when you are injured on someone else’s property. These cases can take many forms:

  • Slip, trip, and fall accidents where hazards in a public place cause injuries
  • Dog bites occurring when a domestic dog bites and injures someone
  • Inadequate security on private property
  • Poor lighting conditions on private property
  • Defective products

 

Frequently Asked Questions About Premises Liability

Here is some practical advice about what to do when you have been injured while on someone else’s premises. You can view more questions and answers here, or feel free to contact us today to speak with an attorney about your case.

What should I do if I am injured on someone else’s property?

 Premises liability cases often involve insurance. You will need to prove that the property owner was at fault. The events on the day of the accident will have to be documented. Weather conditions, road conditions, and lighting conditions are constantly changing. You should contact an attorney as soon as possible to obtain detailed and accurate evidence from the accident scene. You should also:

  • Take photographs of the area of the accident
  • Make note of the lighting conditions
  • Get names and contact information of any witnesses
  • Report the injury to the business or property owner
  • If you are asked to fill out an incident report, ask for a copy
  • Do not give any recorded statements
  • Seek immediate medical attention for your injuries

 

If I am injured on someone else’s property, is he or she responsible for my medical expenses and other damages?

It depends on the circumstances. Some businesses and homeowners maintain insurance to pay medical expenses for anyone injured on their property up to certain limits regardless of fault. When injured on someone else’s property, it is important to determine whether the property owner has this medical payments coverage. Beyond that medical payments coverage, a person or business is responsible for your injuries on their property only when they have not maintained their property in a safe condition. Property owners are responsible for dangerous conditions on their property when they know of the condition or reasonably should know of the condition.

SLIPS, TRIPS, AND FALLS

It is vitally important to obtain evidence of the property owner’s negligence in slip, trip, and fall cases. Evidence is easily lost in the days and weeks following an accident. Ice melts. Wet surfaces dry. Floors are fix
ed. Your case suffers the consequences. Eyewitness testimony, photographs, and other documentation are vital pieces of evidence. We work with our investigators to obtain the evidence you need to prove premises liability for slips, trips, and falls. We document evidence of:

  • Poor lighting
  • Ice
  • Wet surfaces
  • Loose carpeting
  • Stairs of uneven rise
  • The presence of loose objects
  • Unexpected dangers

Contact us today to speak with an attorney and discuss your case.

HOMEOWNER’S CLAIMS

When you or a visitor is injured on your own property, your homeowner’s insurance should cover at least a portion of the damages. Based on the type of coverage you selected, you may be entitled to compensation for casualties, disaster recovery, or accidents. You may also be able to obtain compensation for personal injury resulting from:

  • Earthquakes, floods, or other natural disasters
  • Downed trees
  • Slips, trips, and falls
  • Swimming pool accidents
  • Injuries occurring on your property

Once you file your claim, the insurance company will send out an insurance claims adjuster. The adjuster hired by the insurance company has an incentive to keep the insurance company’s costs low. Consider hiring an independent insurance adjuster to fight low settlement offers. Depending on the size of your claim, it might be worth it to hire an attorney.

Contact us today to speak with an attorney and discuss your case.

DOG BITES AND ANIMAL ATTACKS

Legally, dog-owners are liable for injuries that occur after a dog bite—unless they can prove that you trespassed on their property or somehow provoked the dog. You need a lawyer to help you investigate whether the dog-owner was negligent in protecting you from harm. Along with our investigators, we research whether:

  • The dog has a dangerous propensity to bite
  • The dog has bitten someone else in the past
  • The fencing, leash, rope, or chain was not secure enough to restrain the dog
  • There are warning signs regarding the presence of the dog
  • The dog-owner regularly muzzles the dog
  • The dog-owner warns people to stay away from the dog
  • The dog-owner allows the dog to run free despite leash laws

Your injuries require medical care and the dog needs to be restrained in order to prevent future harm. As attorneys, we can help you take action to protect yourself and others from future harm. Homeowners and renters insurance often cover the costs of medical injuries. We can help you pursue the legal remedies available to you.

Contact us today to speak with an attorney and discuss your case.

Speak to an Attorney Today

For legal advice specific to your case, contact us today for your free consultation. There is no upfront cost to take your case to trial. We work on a contingency fee basis, meaning our fees are completely dependent on whether you receive a settlement or money judgment.

Rosenberg & Calvin proudly serves clients in Jacksonville, Florida and surrounding areas.

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CONTACT US

Office: 904.354.4680
Fax: 904.725.3783

Rosenberg & Calvin
554 Lomax Street
Jacksonville, FL 32204