As premises liability attorneys serving the Clearwater, St. Petersburg, Bradenton, Sarasota, Tampa, and New Port Richey area, it is our goal to seek justice and compensation for individuals physically injured due to a breach of duty by a landowner or tenant. It is our goal to seek justice and ensure the owner or occupier of the land is held accountable for not honoring their legal responsibility. The individual or entity that creates the danger or is aware of the hazard and fails to remove the peril is answerable for their disregard.
In Florida, property owners are expected to maintain the premises and keep the grounds safe for visitors. They are required by law to fix any vulnerabilities on their property and at the very least adequately warn guests of any risks. In Florida a landowner can be considered negligent when they knew or should have known of a hazard and either failed to repair it or failed to provide warning about a known hazard. Liability for injuries in Florida applies not only to residential property, but also to those who control commercial premises, vacant lots, and other properties.
We routinely take over premises negligence and inadequate security claims from other attorneys and the biggest mistake many of our colleagues make is their failure to adequately investigate and scrutinize the claim. We must immediately determine who had control over the property in question at the time of incident. We must then determine whether the party managing the property was negligent in their action or failed to act in a reasonable manner in light of a foreseeable danger.
Evidence loses value over time. It is essential that we meet with potential witnesses as soon as possible while the memory remains fresh in their head. Additionally, we always prefer to investigate the condition of the premises immediately (or as soon as possible) following an incident before anyone has a chance to perform work to the property or land in question.
In order to maximize the value of a Clearwater or St. Petersburg premises negligence claim, the attorney must conduct a proper examination including securing all witness statements and evidence possible. Further, the premises liability lawyer must send out a spoliation notice from the outset to ensure that important evidence is not tampered with and enable plaintiff’s legal team to scrutinize all pieces of evidence.
Property owners owe different types of care depending on the classification of guest they are hosting. There are three types of guests:
Claims against property owners may include:
If you or a loved one has been injured in a premises liability case, you may be able to recover compensation for the following:
We briefly discussed rape and sexual assault claims above. A negligent security claim falls under the threshold of premises liability and occurs, when an individual is attacked by a third-party on the property of another. A landowner or occupier (i.e., business owner renting the property) owes a legally recognizable duty to provide safe premises and a duty to protect the visitor from an intentional criminal act committed by a third-party that could be considered reasonably foreseeable. The term foreseeable in this context, relates to when an act can be expected or anticipated under the circumstances. A negligent security attorney will examine whether such acts have occurred on the property or similar locations/venues in recent history (i.e., twenty-four to thirty-six hours).
In regards to claims involving improper security; we initially examine how often law enforcement has been called out to that specific location along with similar venues in the same geographic region. We will attempt to learn about prior criminal matters that took place on the same property and/or business (i.e., banks, restaurant, shopping mall, gas station, school, University, night club, amusement park, apartment building, hotels etc..). It is our priority to learn as much as possible about the geographic area surrounding the venue in question including violent crime statistics and socio-economic factors the landowner or business owner was aware or should have been aware of. This will enable the inadequate security lawyer to illustrate how foreseeable the danger is or should have been to the landowner or occupier.
It is imperative to investigate what security measures were in place and whether they were commensurate with the known risks for criminal activity. Security measures include and range from locks and alarms at a hotel or business located in a commercial building, to security cameras, staff including security guards along with nighttime patrols and surveillance, fencing, security access cards and many others.
When selecting a negligent security attorney, it is vital that the lawyer or law firm has the experience and financial resources available to level the playing field against larger corporations. At Dolman Law Group, we have successfully handled inadequate security and premises liability cases in multiple Florida jurisdictions.
This is a tricky question based on the infinite number of variables involved in determining the value of an injury notwithstanding liability. Factors involved in valuing a claim include lost wages, medical bills, projected future medical bills, and pain and suffering among many.
In Florida, a $200,000.00 sovereign immunity cap has been put in place on cases against municipalities.
If you or someone you love has been harmed on someone else’s property, the owner may be accountable for the injuries suffered. You may be able to recover compensation depending on your reasons for being on the property and the specific circumstances of your injury. An experienced premises liability attorney is your best source of reliable advice. Don’t hesitate to contact the dangerous premises attorneys at the Dolman Law Group, for your free consultation. Call us today at (727) 451-6900.