Sibley Dolman’s Results in Premises Liability Cases
The attorneys at Sibley Dolman have years of experience negotiating, settling, and going to trial for clients who were injured at a place of business or someone’s home. Recent cases include an $82,000 settlement for a slip-and-fall case and a $300,000 settlement for a client who fell in a poorly maintained restaurant parking lot. These are only examples of past results. There is no guarantee of results in a particular case, but the legal team at Sibley Dolman will work to make sure that you get the best possible outcome for your individual circumstances.
Premises Liability Accidents
Many situations might give rise to a premises liability suit. Victims might sustain broken bones, cuts, scrapes, or concussions. More severe injuries include traumatic brain injuries, electrical shock injuries, head and neck injuries, and spinal cord injuries. Some of the most common scenarios that might lead to a premises liability claim include:
- Slips and falls
- Poor building maintenance
- Elevator accidents
- Lack of building security that leads to assault
- Swimming pool accidents
- Theme park accidents
Damages in Florida Premises Liability Cases
If you were injured on someone’s property due to negligence, you might recover compensation. Damages that victims commonly recover in premises liability cases include:
- Medical expenses, including ambulance services, hospitalizations, doctor visits, surgeries, radiology, and prescription medications
- Future medical expenses, for ongoing care or a lifelong condition or disability
- Lost wages, for time missed from work due to your injury
- Lost future wages, in the event of a long-term illness, condition, or disability that prevents you from returning to your position
- Pain and suffering, based on the severity of your injury, your age, if you will make a complete recovery, and other factors
- Costs for rehabilitation and recovery, including assistive devices such as wheelchairs, canes, and walkers
- Loss of consortium, or companionship
People, small businesses, large corporations, or government entities might face claims for injuries that take place on their properties. Suing the state of Florida, a county, or a city requires a different procedure that includes filing a claim against the government before a lawsuit. Your attorney will advise you on the proper course of action in these cases. The extent to which a party is at fault depends on the status of a guest. Florida, like many other states, has three categories for visitors: an invitee, a licensee, and a trespasser. Trespassers only have rights to the extent that a property owner may not create unreasonable hazards or willfully harm them, but the property owner has the following duties towards invitees and licensees.
- A public invitee is invited on land meant for public use. The property owner has the duty to correct or warn of dangers, and to maintain the premises in a safe condition.
- A business invitee is invited on a property for direct or indirect business reasons. Property owners have the same duties towards business invitees and public invitees.
- A licensee by invitation is a social guest. Property owners are obligated to provide the same reasonable care for invited licensees as for invitees. In all cases, the owner must also protect against third-party crime.
Overcoming Defense Claims
Parties who are named in a premises liability suit will likely do what they can to avoid paying damages. Florida follows a pure comparative negligence rule. This means that after the court finds the property owner was negligent, it assigns a percentage of negligence to each party. If you are partially at fault for your injury, the court will deduct that percentage from your award. For example, Jane Doe slips at her local grocery store, resulting in a traumatic brain injury. The court decides Jane was 10 percent at fault for falling. If the award amount is $100,000, the court will reduce it to $90,000. Comparative negligence gives liable parties incentive to shift the blame to the victim. The defense might argue that you were in a prohibited area, you were distracted by your phone or by something else, you were wearing inappropriate footwear, or a wide array of other things. A good lawyer knows these strategies and will shelter you from them in the courtroom to make sure the responsible parties pay what you deserve to recover.
Contact a Skilled Premises Liability Lawyer in Boca Raton
Most attorneys offer a free consultation for you to discuss the merits of your case. If a lawyer decides to represent you in a premises liability suit, you typically don’t have to pay up front. Most personal injury cases are handled on a contingent fee basis—your attorney will deduct attorney’s fees from any settlement or judgment that the court awards you. If you sustained an injury because of a property owner’s negligence, call one of Sibley Dolman’s skilled premises liability lawyers in Boca Raton at (561) 220-4963, or schedule a free consultation at Sibley Dolman online. An experienced attorney can worry about the details of your case, while you focus on recovering from your injury. Sibley Dolman Gipe Accident Injury Lawyers, PA 301 Yamato Road, Suite 1240 Boca Raton, Florida 33431 Phone: 561-220-4963 Fax: 305-517-1306
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