Property owners have the legal obligation to keep their premises in a safe condition, whether they own a store, another type of business, a residential complex, or a recreational establishment. When a property or business owner fails to keep up the property or eliminate hazards, accidents and injuries can occur. Victims of these injuries have the right to bring a legal claim against the negligent party under premises liability law.
Every premises liability claim will be unique and you need a law firm ready to stand up for your rights in your specific situation. If you have been injured in Doral, Florida, please contact the Doral Premises Liability Lawyers at the law firm of Dolman Law Group to discuss how we may be able to assist you.
Common Premises Liability Cases
Premises liability law can be applied to many types of personal injury and accident claims. The following are some examples of accidents that may lead to this type of case.
- Slip and falls - People slip and fall down every day. Sometimes, you can get right up and go on with your day, maybe a little embarrassed but otherwise, fine. However, some slip and falls can result in serious and even life-changing injuries. These can include traumatic brain injuries, neck and back injuries, broken hips, and more. Slip and falls are common in stores and businesses that do not take adequate care to eliminate dangerous hazards, such as water or debris on the floor.
- Falls from heights - There are many risks that cause people to fall from a higher place down to a lower level. Falls down stairs, off ledges or balconies, off ladders, and off roofs are only some situations in which someone can get seriously injured by falling from a high place. Even falling a few feet from the ground can cause severe injuries, including head trauma, spinal cord injuries, and broken bones. Often people fall because a property or business owner did not properly maintain the premises.
- Construction site accidents - Both construction workers and others can be injured due to the many hazards on construction sites. Falls, getting struck by falling objects, and electrical accidents are all common events on construction sites, and they result in injuries or even death. Whether you are working on a construction site, walking by, or driving by a road work site, you are at risk of being injured in a serious accident.
- Swimming pool and spa accidents - There are many, many swimming pools and spas throughout the Doral area. Whether a pool or spa is public, at a country club or resort, or at a private home, any negligence on the part of pool owners can cause serious injuries and even fatal drowning. People can slip and fall into a pool, unattended children may wander into an unsecured pool, drain accidents and diving board accidents can occur, and much more.
- Dog bites - Many households in Doral, Florida have dogs - and many have multiple dogs. Dogs can be a wonderful part of our families but you should never forget that they are animals and can bite or attack humans when least expected. Dog bites can cause disfigurement, dangerous infections, broken bones or torn muscles, puncture wounds, and more. Even if a dog has never bitten anyone before, Florida law holds dog owners liable for injuries caused by their animals in most situations.
- Hotel and resort accidents - With its close proximity to the airport and many amenities, it is no surprise that many people choose to stay in hotels and resorts in Doral. While hotels and resorts want their guests to have a comfortable and convenient stay, many accidents and injuries can occur to both guests and staff. Hotel accidents can include slip and falls, falls down stairs, assaults from inadequate security, swimming pool accidents, and food poisoning, among others.
- Escalator and elevator accidents - Escalators and elevators can be found in many establishments, including shopping malls, hotels, office buildings, and apartment or condo complexes. These complicated machines may be convenient for people to avoid climbing stairs, but there is also a high risk that something could go wrong and cause injuries. Both escalator and elevators accidents have resulted in catastrophic and life-threatening injuries.
- Theme park accidents - Anyone who has been to Florida knows how many theme parks are around. People visit theme parks to attend shows, ride exciting rides, eat delicious food, and generally have a good time. Unfortunately, a theme park visit can quickly take a wrong turn if you are involved in an accident. Terrifying accidents can happen on rides or if something goes wrong with an exhibit or show. Slip and falls are also common, as are injuries due to inadequate security.
How Our Lawyers Can Help
Premises liability cases often begin with an insurance claim against the negligent business or property owner. This may include a claim with a homeowner's insurance policy or a general liability policy of a business, among others. Our attorneys can identify which party should be held responsible for your medical bills and other losses and file the right insurance claim in your case.
We handle every aspect of your insurance claim, which can be surprisingly complicated. If an insurance claim does not result in a sufficient settlement offer, we can pursue a premises liability lawsuit in civil court. We know how to present evidence of both liability for the accident and the extent of your losses, and we always pursue the most successful outcome for every one of our clients.
Doral Premises Liability FAQ
Residents and visitors of Doral found it a great place to live, work, and tour. However, accidents may arise in Doral due to property owners failing to exercise adequate care in taking care of their properties or protecting their guests. All Doral property owners have a legal duty to eliminate dangers or to adequately warn visitors to their properties of dangers. If they fail to do so, the property owner can be held liable for any injuries or losses that result.
Take a look at the FAQ below to learn more about premises liability cases and, if you have been injured on a Doral property due to no fault of your own, contact a Doral premises liability attorney to learn more about your right to compensation.
1. How much compensation can I recover in a Doral premises liability claim?
The amount of compensation you can recover for your injuries in a Doral premises liability claim depends on the circumstances of the case. No attorney can guarantee the compensation you will ultimately recover for your injuries. An attorney can, however, break down the elements of your claim so you can have a better understanding of the compensation you may expect. The following are some important questions to answer in determining how much compensation you could recover in a Doral premises liability claim.
Who caused your injuries? Most property owners, both public and private, carry property insurance. For businesses, that may mean business insurance, while private property owners will usually carry homeowners insurance on their homes. Those insurance policies will provide compensation for injuries sustained on that property due to the negligence of the property owner.
The policy will have a limit, which will likely set a cap on how much compensation you can recover after your accident since most individuals do not have the cash it takes to compensate for serious injuries.
What injuries did you suffer in your Doral premises liability accident? Premises liability claims are made to compensate victims for the harms they have suffered. Thus, the nature and extent of the injuries you suffer matter. If you slipped and fell in a Doral store, you may have injuries like a hip fracture, broken bones in your hands or arms, and even traumatic brain injury.
If you suffered injuries in a swimming pool accident, on the other hand, you may have drowning-related injuries, including brain damage due to lack of oxygen. The costs to treat premises liability injuries range as widely as the injuries themselves.
Your injuries will determine the extent of the medical care you need and, as a result, your medical expenses related to your accident. Your medical bills generally set the foundation for your premises liability claim: the higher your medical bills, the more compensation you may deserve, and the more compensation you may have the right to claim for those costs.
Your injuries will also determine what limitations you may face in the aftermath of your accident. More severe limitations, like life-long physical impediments, may entitle you to more compensation than you would if you bounce back and move on with life as before after a few weeks of recovery.
What other expenses did you incur as a result of your Doral premises liability accident injuries? While medical bills often make up a substantial portion of the costs after a premises liability injury, there are many other potential costs a victim may incur. Lost wages can pose a substantial financial burden in the aftermath of your Doral premises liability accident. If you cannot go back to work, you might not have a source of income while you recover from your injuries.
Your regular bills do not go away during this time, and you may find yourself with considerable worries about how you will take care of your financial needs. You may also incur new expenses, such as the cost of transportation to needed medical treatments or medical care facilities. Consulting with an attorney is important to determine the full extent of losses you can claim.
How have your injuries affected you overall? In addition to compensation for direct financial losses related to your injuries, most premises liability claims include compensation for the suffering and impacts on your life you experience. While less tangible cost-wise, harms like physical and emotional suffering are real losses you experience for which you deserve compensation. Again, an experienced Doral premises liability attorney can help determine the amount of compensation you can demand for other impacts on your life.
2. Can I file a premises liability claim against a private property owner in Doral?
You may know that you have the right to file a claim if you suffer injuries in, say, a slip and fall accident in a Doral business. But do you have the same right to compensation if you suffer those injuries in a slip and fall at a friend or family member's home?
Doral homeowners, like business owners and operators, have an automatic legal duty to visitors to their properties. Homeowners must maintain their homes and offer a safe experience to visitors. If the property has problems or dangers that could cause serious injury to visitors, homeowners must remedy those hazards or warn visitors about that potential danger and take reasonable steps to keep them safe. If a homeowner fails in that duty of care, they may bear liability for any injuries you sustain.
Victims of serious accidents on private property might worry that they will harm their relationship with friends and family members if they choose to file a premises liability claim after suffering an injury on that individual's property.
However, keep in mind:
- First, the homeowner will rarely have to pay that amount out of pocket. Generally, the cost to compensate the victim will pass the expense on to their homeowner's insurance companies.
- Second, someone has to foot the bill for your medical care and other expenses—it shouldn't be you. Talk to a lawyer about your right to compensation after sustaining serious injuries on private property; they can advise you about how to navigate the awkward social situation of bringing a claim against a friend or family member.
3. If my child stumbles into a Doral neighbor's swimming pool and drowns or suffers an injury, can I file a claim on their behalf?
Many homes throughout Doral have swimming pools. The owners of those swimming pools must take steps to keep the pool safe and protect people who use it, reducing the risk of serious injury. They must keep it safe for children, even children who do not have permission to be on the property.
In most cases, a person who unlawfully enters a property, including someone who uses a swimming pool without permission, would not have grounds for a premises liability claim if they suffered an injury. Children are treated differently. Florida law acknowledges that children often do not understand the risks of potential, like pools. They want to play in the pool, and they often do not appreciate the possible dangers.
The attractive nuisance doctrine mandates that pool owners must take steps to make the pool safe to avoid hurting children who otherwise might be drawn to the pool and experience harm. Pool owners may do this by fencing the pool on all four sides and installing a childproof gate that will help prevent access.
Pool owners may also need to cover the pool when not in use or install alarms that will warn them, and others in the vicinity, immediately if someone enters the pool area.
If the pool owner did not take reasonable steps to make their pool safe and your child was injured as a result, you may have grounds for a claim against the property owner.
4. Do I need a lawyer to file a premises liability claim in Doral?
After you suffer injuries on a Doral property, you may wonder if you need a lawyer to file a claim. Surely, you might think, you have a clear case against the party that caused your injuries, which clearly occurred because of that party's negligence. You may even have a quick offer from an insurance company that claims it is the best you can get.
Before you accept any settlement offer or try to pursue your Doral premises liability claim on your own, however, at least talk with a lawyer. You might find that your case will take more to prove than you realized, or you might learn that the settlement offer you received is unreasonably low and will not be enough to cover your expenses.
Most attorneys will offer a free consultation, so there is no cost to you to see whether or not hiring an attorney is right for your case.
- A lawyer knows how much compensation you should expect after your Doral premises liability accident. Whether you suffered injuries in a swimming pool accident, a slip and fall at a hotel, or on a construction site, you may deserve considerable compensation for your injuries. Many insurance companies, however, will not offer the compensation you really deserve in an initial settlement offer. In fact, in many cases, those settlement offers reflect only a small percentage of the compensation you should really expect for your injuries. Insurance companies may even try to pressure you into accepting that settlement offer right away. If you accept, you may lose your right to later recover the compensation you really deserve for those injuries. A lawyer can break down the compensation you really deserve and help you make an informed decision about whether to accept a settlement offer or to press for more.
- An attorney can help collect evidence that will establish your right to compensation. Dealing with the insurance company after your Doral premises liability accident can be incredibly frustrating. The insurance company may try to accuse you of causing the accident, or argue that you are claiming more for your injuries than you deserve. An attorney can help collect the evidence needed to show that you didn't injure yourself and that the property owner or the business operating on the premises bears liability for the accident and the full extent of your injuries.
- A premises liability lawyer can deal with the insurance company on your behalf. The longer your claim drags on, the more stress it can cause. If you handle a claim on your own, you may find yourself feeling increasingly frustrated, stressed, and perhaps even ready to throw in the towel and accept a low settlement offer just to bring closure, especially if you are simultaneously trying to recover from your injuries. An attorney can relieve the weight of bringing a claim and deal with the difficult insurance company, reducing your stress and allowing you to hold on and fight for the compensation you deserve.
5. How long does it take to settle a premises liability claim in Doral?
If you have serious injuries—and the high medical bills that often come along with them—you may worry that you need to settle your claim fast. However, you should expect it to take time to settle your premises liability claim.
Allow time for:
- Recovery. In the case of some serious injuries, such as spinal cord injuries or severely broken bones, your doctor might not be able to tell right away how much you will recover or what your recovery will look like in the long term. Taking several months to recover before you move forward with your claim can give you a more complete picture of your injuries and the future challenges, financial and otherwise, you may face due to your injuries. These are important to hammer down to make sure you demand the full compensation you deserve.
- Investigation. Your lawyer and the insurance company that covers the liable party will both want to fully investigate the circumstances that led to your accident and the extent of your injuries before arriving at a settlement agreement.
- Settlement negotiation and litigation. It can take time to negotiate a settlement that works for both you and the liable party's insurance company. You may need to go through several rounds of negotiation before you agree. If you cannot agree through negotiation, you may have to go through mediation or even take your premises liability claim to court. Most claims settle out of court. But if you need to go to court, it is likely to take much longer to receive compensation for your injuries.
6. Who takes care of my medical bills after a Doral premises liability accident?
After sustaining injuries in a Doral premises liability accident, you may incur substantial medical bills, which you must make arrangements to pay. Often, victims will wait for the compensation issued through a premises liability settlement before they pay for their medical bills. Meanwhile, your medical insurance can alleviate some of the financial strain associated with those bills. Your attorney may also issue a letter of protection stating your intent to pay your bills once you receive compensation from your claim.
Schedule a Free Consultation with Our Doral Premises Liability Law Firm Today
Suffering an unexpected injury due to a hazard on someone else's property can disrupt your life and result in extensive losses. At Dolman Law Group, we regularly seek recovery for medical bills, lost income, pain and suffering, and more for accident victims. We can evaluate your rights for free, and consultations are always obligation-free. These cases can be complicated and evidence can disappear with time, so the sooner you call, the sooner we can start on your claim. Please call 305-930-7688 or contact us online for more information.
Dolman Law Group Accident Injury Lawyers, PA
8400 NW 36th St Suite 450
Doral, FL 33166
What Our Clients Have to Say:
“My experience with this law firm has been extremely pleasant. After being involved in an accident where I was injured, I was able to seek treatment from the best doctors in the area. I was lucky to have a team that assisted in scheduling my appointments that worked around both my full time work schedule and my demanding grad school schedule. Even with a move out of state to New York, I was able to remain with this law firm and continue treatment in south Florida while remaining under the care of the doctors that I felt most comfortable with. Even though I suffered injuries and experienced difficulties in that aspect, the team here was able to make sure that I was able to continue work and stay on track with grad school all while I moved to a new state.”
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