Have you been hurt on someone else’s property? Talk to a Coral Gables premises liability lawyer. See if you have a claim for compensation and start your case today.
Attorneys for Premises Liability in Coral Gables
At Maderal Byrne & Furst PLLC, we are lawyers for premises liability cases in Coral Gables. When you are hurt because of a dangerous condition on the property, it may be the basis for financial compensation. We represent victims to bring claims and seek a settlement or judgment for their losses and harms.
Begin your case today with a consultation with our legal team. Call, email, message, or visit our Coral Gables offices in person. We look forward to helping you.
Experienced Legal Representation for Victims and Families
Here are some reasons people choose Maderal Byrne & Furst when they need help following an accident:
- 30 years of combined experience in litigation. In that time, we conducted dozens of trials and argued before appeals courts. We are ready to handle even the most complex cases.
- Our team has provided leadership for national, multi-million dollar claims. This experience allows us to anticipate unique issues and build your claim for compensation.
- We consider all sources to pay compensation, including insurance policies.
- Honors and awards include The National Trial Lawyers Top 100 and Top 40 Under 40.
- We value talking with prospective clients. There’s no cost or obligation to ask for a consultation. Learn more about your case and how we can help.
Our clients are both adults and children. We work with residents and visitors to Coral Gables. Whatever your circumstances, we want to help.
Understanding Premises Liability Claims in Coral Gables
What is premises liability?
Premises liability is the law that gives a person the right to seek compensation if they are hurt because of a dangerous condition on someone else’s property.
Who is legally responsible if you’re hurt on someone else’s property?
Anyone who owns or leases property is responsible for keeping the property safe.
The party who has control over the property is the one who has the legal duty. Generally, landlords are not liable once they lease the property to the tenant. If they lease it in good condition, it becomes the tenant’s job to keep the property safe. However, to the extent that the landlord maintains control of common areas, like a parking lot or clubhouse, they may still be responsible for a dangerous condition.
Types of Premises Liability
When thinking about premises liability, the first thing that may come to mind is someone who falls and gets hurt. Tripping or slipping on a spill or an object is a common type of premises liability. However, many dangerous conditions can create legal liability for the property owner, such as:
- Poor railings
- Stairs that are not built to code
- A guard rail that is too low
- Object left in the path
- Flooring that is cracked or uneven, a rug that creates a danger
- Tree or debris that falls on a sidewalk
- Electrical hazards, unreasonable fire risks
- Toxic chemical leaks
- Poor lighting
- Inadequate security or overcrowding
- Falling objects
- Animal attacks
- Recreational risks like swimming pools or amusement parks
There are many ways that property can be dangerous. When an injury occurs, we investigate the underlying causes to determine if the property owner allowed an unreasonably dangerous condition.
Premises Liability Settlements and Judgments
If you have been hurt because of a dangerous condition on a property, you may pursue a settlement or judgment of compensation. Getting the settlement you deserve results from diligently preparing each part of the case.
To receive a settlement or judgment, you must prove:
- Who was in control of the property at the time of the injury
- A dangerous condition existed on the property
- The condition was unreasonably dangerous based on your status as an invitee, licensee, or trespasser
- Because of the dangerous condition, you suffered an injury
- You have damages that are collectible under the law, like medical bills, lost income, and pain and suffering
To have a claim, you must have a physical injury. It is not enough to have a near miss or simply be aware of a dangerous condition. If you suffer a physical injury, you may collect your economic damages and non-economic damages, including pain and suffering, emotional anguish, and disfigurement.
Florida Premises Liability Laws
Florida premises liability laws begin with classifying entrants onto property into one of three categories: invitee, licensee, or trespasser. An invitee is invited to the property for the owner’s benefit like a store owner enticing customers to come shop. Licensees have permission to be on the property and may or may not have a direct invitation. A trespasser doesn’t have permission to be on the property.
Within that context, the property owner’s duty to the person is evaluated. The highest duty is to invitees who are invited onto the property and social guests. Even when a person is an uninvited licensee or a trespasser, the property owner still has a limited duty to remove concealed traps and refrain from willful or wanton injury.
Florida premises liability law for spills and wet surfaces
Florida has a special premises liability law when it comes to spills, leaks, and wet surfaces in businesses. The legal term is transitory foreign substance in a business establishment. Florida Statutes § 768.0775 creates special rules for compensation in those circumstances:
- The business owner must have active or constructive knowledge of the spill/leak
- They should have taken steps to remedy it
- Constructive knowledge may be shown by length of time or the fact that the spill/leak happens regularly
Of course, when a fall occurs, the victim doesn’t know the history of the business. They may use the discovery process to gather information and build their case.
Free Consultations – Talk to a Coral Gables Premises Liability Attorney Today
If you have been hurt on someone else’s property, get a free consultation from a Coral Gables premises liability attorney.