Is Premises Liability the Same as a Slip and Fall?
If you have suffered injuries as a result of a property owner’s failure to take reasonable steps to protect persons entering or using the property upon which you were injured from harm, then you may have a premises liability claim against the property owner. Although many people have the mistaken assumption that slip and fall accidents are the only type of premises liability claim for which a person can recover against a property owner for injuries suffered as a result of the property owner’s failure to take reasonable steps to protect those who enter upon the property from harm, slip and fall accidents are just one type of premises liability claim. Instead, there are many other scenarios under Florida law in which an individual may become injured as a result of the property owner’s failure to take reasonable steps to protect those who may enter that property may be entitled to compensation if they are injured.
Types of Premises Liability Cases
People commonly associate slip and fall accidents with premises liability claims. However, and contrary to what some people may have heard about a property owner’s duty to use reasonable measures keep his or her property safe for those who enter upon the property, this duty is not limited solely to preventing persons from slipping and falling. Instead, slip and fall incidents are just one subset of premises liability claims. Other types of premises liability claims include negligent security claims. You would be able to recover for a negligent security claim if, for example, you were mugged and suffered injuries in a parking lot and the owner and operator of the parking lot had taken no steps to secure the safety of those who utilized the parking lot, such as hiring a security guard. You may also be able to be entitled to compensation if, for instance, a hotel pool at which you were a guest was not manned by a lifeguard or other staff and a family member drowns in the pool.
Time Limitations Which Apply to Premises Liability Claims in Florida
Like any other personal injury claim in Florida, a plaintiff must bring a premises liability claim within four years of the incident in which he or she was injured. Therefore, to borrow the example of being mugged in a parking lot from above, if you were mugged on January 1, 2013, then you would have until January 1, 2017 to bring a lawsuit to seek compensation for your injuries.
Damages Recoverable in a Premises Liability Claim
In a premises liability claim, you can recover damages for the medical bills (past and future) associated with any treatment you receive as a result of your injuries, any pain and suffering those injuries may cause you (again, past and future), any lost wages or income you may have suffered or will suffer in the future, and any lost support and services which your spouse and children or other dependents may have suffered as a result of your injuries.
Contact Us Today to Discuss Your Premises Liability Claim
If you have been injured due to a property owner’s failure to take reasonable steps to protect you and other members of the public or persons who may enter onto the property from harm, our experienced attorneys have successfully handled dozens of premises liability cases over our more than 150 years of combined practice. Call us today for a free consultation regarding your situation
Copyright: iqoncept / 123RF Stock Photo