Premises Liability Injury Accidents in Bradenton
Everyone in Bradenton is entitled to expect that the stores, restaurants, or parks they visit will be reasonably safe. Unfortunately, in reality, the individuals responsible for ensuring public premises are safe do not always adequately perform their duties. Negligent Bradenton property owners, who fail to maintain reasonably safe premises, may ultimately cause injury to those who visit the property.
On a daily basis, people in or around Bradenton enter businesses or parks are injured due to unsafe conditions on the premises. The potential risks presented by common areas, e.g., shops, museums, or cafes, are limitless if owners and managers of the properties fail to provide proper maintenance. However, proactive Bradenton property owners can greatly diminish the risks when they properly maintain their businesses and public spaces.
Premise liability laws help to ensure that property owners maintain reasonably safe conditions for individuals who visit their properties. In some cases, Bradenton property owners are not proactive, and their failure to maintain the property leaves visitors at risk of injury.
Our team at the Dolman Law Group Accident Injury Lawyers, PA has helped countless premises liability accident victims seek the compensation they are entitled to. We employ a team of qualified, knowledgeable, and compassionate attorneys, and have an office right here in Bradenton. Each member of our Bradenton Premises Liability Lawyers is dedicated to fighting for the rights of our clients to hold responsible parties accountable—and we're available to talk to you now.
Property Owners and the Duty of Care
When a property owner invites people onto the property for any reason, he or she owes every individual, or invitee, a duty of care.
A Bradenton property owner's duty of care involves their responsibility to take care that the property is free from potentially dangerous hazards that could injure invitees. A property owner fails to meet this duty of care if they fail to mitigate risks or hazards on the property.
From the perspective of an invitee, a property owner's duty of care serves as an unspoken promise. When individuals are invited to enter a property, they are entitled to expect that the premises are maintained in a reasonably safe condition. The law intends to protect invitees by requiring property owners to abide by the duty of care, or accept liability for their failure to do so.
A simplified summary of what this duty of care might entail includes:
- Security (against assault, theft, harassment, etc.)
- Sound construction and condition
- Maintenance of fire alarms, sprinklers, etc.
- Regular cleaning
If an establishment fails to adhere to standards laid out in the duty of care, the premises owner may be held liable for injuries caused by their negligence.
Do Property Owners Owe Everyone the Same Level of Care?
Put simply, no—Bradenton property owners do not owe all individuals who enter their premises the same level of care. Property owners owe different levels of care depending on the type of guest they choose to host.
For example:
- Invitees | Invitees are individuals that the property owner invites to enter or remain on the premises for his or her commercial benefit. Grocery store customers, hotel guests, and restaurant patrons are all invitees.
- Invitees are owed the highest level of care.
- Property owners must actively inspect the premises and provide warnings about any hazards they know of or should have known of.
- Licensees | Licensees refer to friends, family members, and other social guests of the property owner who are invited on the premises for non-business purposes.
- Property owners must maintain and fix hazardous areas on the property.
- Property owners are only liable for dangers that they know about (whereas property owners are responsible for dangers they should have known about if invitees are present).
- Trespassers | Trespassers are individuals who enter the property without an invitation from the owner.
- Property owners must not intentionally create hazardous areas on the premises to guard against trespassers.
Quick Guide to Slip and Falls
Bradenton slips and falls are one of the most common types of accidents that invoke premises liability. In fact, over eight million emergency room visits occur in this country every year due to falls alone. Fortunately for slip and fall victims, these cases are typically some of the most straightforward premises liability claims.
Slip and fall refers to an incident where somebody enters another's property, trips or slips causing them to fall and sustain injuries.
Florida law clearly defines the circumstances under which a property owner may be held liable for the damages resulting from a slip and fall accident. The law provides:
- ...the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
In other words, Bradenton property owners must have constructive or actual knowledge of the dangerous conditions before the occurrence of the accident. Otherwise, they will not be held liable for injuries resulting from the slip and fall incident.
The statute further defines the types of circumstantial evidence that may demonstrate constructive knowledge of a dangerous condition:
- The dangerous condition existed for so long that any business practicing ordinary care would have discovered it.
- The dangerous condition occurred regularly, which would render the presence of the condition foreseeable.
Other Types of Bradenton Premises Liability Cases
Our firm has experience litigating a variety of Bradenton premises liability cases.
Our Bradenton premises liability attorneys offer their legal services to victims injured by a range of events and circumstances, including:
- Toxic substances
- Fires
- Elevators/escalators
- Dog bites
- Construction site accidents | Accidents occurring on construction sites typically can be attributed to a variety of causes. Construction sites inherently pose a wealth of dangers (even to qualified, well-protected construction professionals). If you're injured by loose equipment, a collapsing structure, or some other dangerous aspect of a construction site, you may be entitled to compensation.
- Swimming pool accidents | Any type of injury that can occur in or near a swimming pool, including an accidental drowning, may warrant a swimming pool premises liability case.
- Parking lots | Every year, poorly designed and maintained parking lots injure people. Sometimes, parking lot owners fail to install adequate lighting or take other measures to ensure drivers can navigate safely at night or in inclement weather. When parking lot owners fail to provide proper safety features, they may be liable for injuries their negligence causes.
- Theft, assault, or harassment due to negligent security | If a property owner fails to reasonably secure his or her property against theft or assault by a third party, they may be liable if visitors sustain injuries.
Heading to Court for Your Bradenton Premises Liability Case
To maximize recovery, at times, a Bradenton premises liability lawyer may advise their clients that the case should proceed to court. In court proceedings for premises liability, injured victims must prove five key elements to prove a property owner's liability. An attorney may use industry experts (like auto manufacturers or security professionals) to help support their client's claims.
The five crucial elements victims must prove to ensure their premises liability claim is successful include showing that:
- The defendant either owned, leased, or otherwise occupied whatever property you were injured in (or on).
- The defendant owed a duty of care to you.
- The defendant knew or had a reasonable time to discover that danger was present,
- ...and they failed to address that danger.
- You were injured as a result of the negligence mentioned above.
- Your injuries resulted in damages (medical bills or lost time from work).
Smart Steps to Take if You're Injured in a Bradenton Premises Liability Accident
We recommend that those injured in premises liability accidents take a few steps to protect their health and their legal rights.
First, personal injury and premise liability attorneys know the legal claims process. They know that it's possible (maybe even likely) that many of their clients cannot collect evidence or information at the scene of the accident. The inability to gather evidence after sustaining an injury will not prevent victims from seeking compensation. However, taking the following steps can help strengthen a victim's case and make their attorney's job easier.
If You're Injured in a Bradenton Premises Liability Accident, You Should...
- Try to figure out how you sustained injuries.
- Oftentimes, a business may rush to clean up or repair whatever caused an accident.
- This behavior might not be malicious in and of itself. Some establishments really do try to cover up the truth and deny fault for an accident, but others legitimately want to prevent further injury. Quickly addressing the source of the accident, even when performed with good intentions, tends to be to the detriment of premises liability victims.
- You should try to determine the root cause of your injury before you leave the premises.
- Include as much detail as possible—if you slipped in a puddle, try to figure out what liquid the puddle consisted of. If you were injured by hot machinery, try to ask employees for information about the equipment that burned you.
- Document evidence.
- Most of us have smartphones now; and if you don't, maybe someone nearby does that is willing to send you any photos they take.
- Take pictures of whatever you believe may have caused the accident, your injuries, and any documents that you complete or sign. Some businesses try to cover up that anybody was ever injured on their premises. If you get the opportunity to file paperwork about what happened, you should take photos of the paperwork.
- File a report with management.
- Speaking of filing paperwork, ask a manager if there is a process for documenting accidents that occur on the premises.
- Many establishments have protocols in place that ensure accident victims who are injured on-site can file a report. Usually, this report is filed with management.
- Filing a report may help provide legal documentation of what happened to you.
- Seek medical care.
- There are plenty of premise liability accidents that render survivors in need of immediate medical care, and some that do not.
- Regardless of the immediate medical care that you received for your injuries on-scene, it's critical to visit your own primary care provider as soon as possible.
- When your physician evaluates you, he or she will have an opportunity to look for delayed symptoms that could point to additional injury. They'll also benchmark your physical state in case they need it as a point of reference later.
Bradenton Premises Liability and Damages: What Should Victims Expect to Recover?
In discussing damages victims may expect, we must begin with a disclaimer. Every case is unique, so it is impossible to predict how much compensation a specific case may expect to recover. Until you receive a legitimate legal consultation and case evaluation, anyone's input on the value of your case is only speculation.
With that said, we want to help! Many of our clients have expressed that they had questions about compensation and damages when they first began to research their legal options.
With that in mind, here's a condensed overview of some damages that Bradenton premises liability accident victims may pursue:
- Medical bills | The term “medical bills” is a broad term referring to past, present, and even future medical bills related to a victim's injury. A calculation of medical bills also includes specialized services like physical therapy and custom medical equipment.
- Emotional pain and suffering | It would be a disservice to premises liability accident survivors to underestimate the emotional impact of their injuries. If you've experienced exceptional emotional pain or suffering due to your accident, you may be eligible to recover compensation.
- Disfigurement | Victims may be entitled to recover additional compensation if their injuries caused permanent scarring and disfigurement.
- Loss of wages | If you had to take time off of work to recover from your injuries, you're far from alone. Our legal system is designed to ensure victims receive compensation for any lost wages resulting from their injuries. A premises liability attorney can help victims calculate and pursue damages associated with lost wages.
- Reduced earning capacity | Sometimes, a person's injuries are so severe (or their placement or nature so unfortunate) that they can no longer work in the same capacity. In these cases, individuals can pursue compensation for reduced future earning capacity.
Bradenton Premises Liability FAQ
The NFSI can trace more than eight million emergency room visits every year back to falls alone. If that's not shocking enough, falls are only one type of accident that can lead to a Bradenton premises liability case.
Premises liability law is a massive umbrella within the legal sphere. It involves just about any form of personal injury (like a trip, fall, or burn) that occurs on someone else's property.
We like to help our clients understand the concept like this:
- If you got in a car accident on the freeway because of another drunk driver, you'd likely work with a personal injury attorney to bring claims against the drunk driver
- If you got in a car accident in a dark parking lot at night because of very poor lighting, you might seek out a premises liability attorney to bring claims against the parking lot owner
Premises liability attorneys are personal injury attorneys—they just have experience with cases that involve some unique aspects. You don't really need to pressure yourself over finding exactly the right attorney, though. If you aren't sure which type of lawyer could help with your case, the legal representatives you consult at our firm can offer some advice.
What is the duty of care? How does it apply to premises liability and premises owners?
Property owners who invite other people onto their premises owe invitees a duty of care. This is a legal way of saying that when people invite others onto their property, they are expected to “take care” of their property and the visitors.
The duty of care places responsibility for a premise's safety on that property's owner. Property owners are legally required to ensure that their premises are safe for visiting before inviting others onto the property. This helps decrease potential risks to visitors and mitigates some liability for the property owner if anything unexpected does occur.
The duty of care is exactly why all of us assume we are safe when we enter a mall, zoo, restaurant, park, or other establishment. The duty of care requires property owners to ensure:
- Sound construction and property condition
- Security against theft, assault, etc.
- Maintenance of fire alarms, sprinklers, and other safety and emergency equipment
- Regular cleaning
- Etc.
Do property owners owe the same level of care to everyone?
No.
Property owners owe different levels of care depending on the guest that they choose to host.
- Invitees | These are people that the property owner invites to enter or remain on the premises for his or her commercial benefit. Grocery store customers, hotel guests, etc. all make for good examples of invitees
- Invitees are owed the highest level of care
- Property owners must inspect their premises and provide warnings about hazards
- Licensees | Friends, family members, and other social guests of the property owner invited for non-business purposes
- Property owners must maintain and fix hazardous areas on-property
- Property owners are only liable for dangers that they know about (whereas property owners are responsible for dangers they should have known about if invitees are present)
- Trespassers
- Property owners are not allowed to intentionally create hazardous areas on-premises to guard against trespassers
Is a business or premises owner responsible for every injury that happens on their own property?
No. A business is only responsible for injuries that occur on their property if the evidence shows that the business did something wrong or failed to do something they were responsible for.
What is a slip and fall?
Slip and fall accidents refer to one type of incident that usually falls under premises liability laws.
A slip and fall occurs when a person slips or trips, falls, and is injured on another person's property. The property might be a retail business, an outdoor space like a zoo or park, or even someone's home.
You might hear this phrase used in a handful of different ways:
- Slip and fall attorneys are personal injury attorneys who focus their practice on personal injury
- A slip and fall can occur on any premises
- Slip and fall laws help define who can be held liable, and why, for a slip and fall accident
Will premises owners be held liable for any slip and fall that occurs on their property?
Certain circumstances are required before a slip and fall case holds any weight in court.
For example, Florida statute 768.0755 illustrates that:
In order for premises owners to be held liable for slip and falls...
...the injured party (and their legal representative) must prove that the establishment had prior knowledge (or constructive knowledge) of the dangerous condition
Constructive knowledge might include knowledge of a problem so regular or obvious (i.e. it would be noticed during ordinary care) that a business can't deny it should have acted
Okay, I understand slips and falls. What other premises liability cases can you help with?
Premises liability attorneys have the skills and knowledge to support survivors of a variety of incidents. Other common types of premises liability cases include:
- Dog bites
- Parking lot claims | Poorly lit lots causing nighttime accidents, other faulty design practices, etc.
- Swimming pool | Anything from slipping and falling on the ground near a pool to a full-on drowning accident could warrant a swimming pool premises liability case
- Fire
- Toxic substance
- Elevator/escalator
- Assault or theft due to negligent security | Premises owners are meant to reasonably control the activities of third-parties who enter the property; if a property owner fails to take reasonable measures to prevent assault and theft, they could be held liable in court
- Construction site accidents | Holes in the ground, loose equipment and tools, exposed wiring, etc.
What if the business or premises owner continuously refuses responsibility for my injury?
Technically, only the court can decide who's liable in a case. This is important to remember. While skilled attorneys do everything in their power to help them achieve justice in court, some circumstances don't end fairly. This is why it's so important to choose the best possible Bradenton premises liability lawyer for your unique case.
It's not unusual for a business to completely deny responsibility for injuries that occur on-site. We've litigated plenty of cases where, despite our clients' clear suffering, businesses continuously insist that either:
- Nothing happened; or,
- The business is not responsible for whatever did happen.
Unfortunately, this is a popular standard in the legal sphere. If the business whose negligence caused your premises liability accident, you're not alone, but you will need to team up with your lawyer to make sure your claim gets the attention it needs for a successful outcome.
What should I do if I'm hurt on someone else's property?
If you sustain an injury on someone else's property, there are steps you can take afterward to try to benefit your (potential) case. This advice assumes that you are not gravely injured or in need of immediate medical attention. Remember: attorneys work with scores of premises liability injury survivors every year. Many have litigated cases successfully without the benefit of a client who can collect this information on-scene.
If you cannot follow this advice because you're too injured or upset, don't worry. Get in touch with a legal professional to ask them about your options moving forward.
We recommend that slip and fall and other premises liability victims:
- Determine the root of their injury before leaving the premises | Businesses obviously try to clean up spills and repair faulty equipment that can lead to accidents. If you're injured, it's important to try to determine the root cause before you leave. You may not have an opportunity to do so later. The more detail you can include, the better. If you slipped in a wet puddle, for example, your case could hinge on whether it was a puddle of water or a puddle of clear soap
- Document evidence | This means using a smartphone (if you've got one on you) to take pictures of the accident site, your injuries, and other important evidence. Some businesses try to avoid providing their own photos or videotape evidence after an accident. It's best to protect yourself and get visual evidence on your own
- File a report | You need to collect and complete the proper documentation depending on how and where your injury occurred. Most businesses will allow you to file a report of the incident with management. This helps ensure that there's legal proof of the establishment having your full name and a record of what occurred
- Seek medical attention immediately | Some premises liability injuries warrant immediate or emergency medical attention. Others do not. Regardless of the medical care you received at the scene or in a hospital, it's important to schedule an appointment with your primary care physician as soon as possible. He or she will monitor you for delayed symptoms. The appointment also helps keep your doctor up to date on your health and physical condition, which could be crucial to your case
I know that I can “recover damages,” but what does that mean?
When we talk about our clients recovering damages, we're referring to them obtaining compensation for the losses or experiences they've gone through due to their accidents.
If we said that one of our clients recovered more than $20,000 in damages, we would mean that he or she obtained more than $20,000 worth of compensation for certain outcomes of their injuries.
What damages can a person recover?
Premises liability attorneys help their clients recover a variety of damages in court.
Every case is unique, so nobody can tell you what your case is worth or what compensation you may be eligible for until they know more about what happened.
Some of the most common recoverable damages in premises liability cases include:
- Past, present, and future medical bills | When somebody is injured due to another person's negligence, he or she can generally pursue compensation for medical bills that they've accumulated due to the accident. Some injuries continue to cost victims long after a case settles. American courts recognize this and make every effort to support injured parties long-term by allowing you to recover the cost of future medical bills.
- Mental anguish and pain and suffering | Depending on your experience and injury, you may find that you experience exceptional physical or emotional pain after the event. Premises liability accident victims have the right to pursue additional compensation for emotional pain and suffering and mental anguish.
- Reduced earning capacity or loss of wages | Lots of injuries leave people temporarily unable to work while they recover. If this describes you, you might be eligible to recover lost wages. Some accidents even lead to someone's earning ability being permanently altered. In these cases, a plaintiff may pursue damages for reduced earning capacity.
What will I need to prove in court?
The easiest way to look at your potential premises liability case is to see it as a checklist. The exact steps that every accident survivor must take to benefit their unique case vary. They generally revolve around five key tasks.
These tasks involve proving that:
- The defendant owned, leased, occupied, or otherwise controlled the property you were injured on
- The defendant owed you a duty of care
- The defender EITHER knew OR had a reasonable time to know about the danger and failed to address it
- You were injured due to the above negligence
- Your injuries have resulted in damages (medical bills, pain and suffering, and so on)
Can an attorney help with my case?
Absolutely! Premises liability attorneys are one type of personal injury attorney. These lawyers focus their practice on incidents that center around premises liability. If you were injured in a premises liability accident, one of these lawyers could help you.
The best step for any premises liability accident survivor to take is to search for a reputable and trustworthy attorney as soon as possible. Premises liability lawyers help accident survivors reclaim their lives and achieve justice.
Our Bradenton premises liability lawyers at Dolman Law Group Accident Injury Lawyers, PA offer FREE initial consultations to determine a case's chance of success in court. If we choose to work together, we work on a contingency fee basis, so you'll pay us nothing and we'll only recover a percentage of your settlement or judgment.
Qualified Bradenton Premises Liability Lawyers: Dolman Law Group Accident Injury Lawyers, PA
A premises liability accident can lead to more than just frustration or injury—it can completely alter a survivor's life. If you or somebody close to you has been impacted by a premises liability injury, contact the Dolman Law Group Accident Injury Lawyers, PA today. Our team of qualified personal injury attorneys works tirelessly to help our clients pursue the compensation that they deserve.
We maintain offices on both Florida coasts to support injury victims statewide, including in Bradenton. If you or somebody you love was injured in a premises liability accident, you can easily contact us or call us at 833-552-7274 today to discuss the circumstances of your case.
We understand that no amount of compensation will completely rectify the experience of a Bradenton premises liability accident. However, we aim to empower each of our clients throughout the legal process because we understand their case is about much more than the end result. Contact us now for a free consultation and case evaluation.
Bradenton Office
6703 14th Street West Suite 207
Bradenton, FL 34207
Phone: (941) 613-5747
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“AMAZING and understanding attorneys! Did great on my case and I highly recommend Dolman Law Group Accident Injury Lawyers, PA for anyone that has been injured in an accident!"
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