Clearwater Premises Liability Lawyer
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Over 30 years
of Personal Injury Experience
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Board Certified Florida Premises LiabilityJim Magazine Makes Negligent Property Owners Pay
If you suffered injuries on someone else’s property, you may be entitled to compensation. Under Florida’s premises liability law, property owners and managers have a duty of care to maintain their properties in a manner that is reasonably safe for visitors. When they fail in that duty, and someone gets hurt, they are liable for the medical bills, lost wages, and pain and suffering that result.
Unfortunately, getting a negligent property owner to pay for your losses can be quite a challenge. Premises liability lawyer Jim Magazine can help. With more than 30 year of experience standing up to negligent property owners in Florida, Jim has the knowledge, skill, and experience to make responsible parties pay for the harm they cause.
Or Call: 727-499-9900
What Is Premises Liability in Florida?
Premises liability is a type of personal injury law that ensures property owners, operators, and others are held legally liable when dangerous property conditions are not addressed, and they cause injuries to guests. Common examples of personal injuries that fall under premises liability law in Florida include:
Slip and Fall Accidents
Some of the most common premises liability claims in Clearwater involve slip, trip, and fall accidents. Slip and fall accident lawyers in our community often see these types of cases arise when people trip over uneven pavement, torn carpeting, unexpected step-downs, or debris in walkways. They also happen when victims slip on wet floors or slippery surfaces. In some cases, slip and fall accidents occur when stairwells are not properly lit, handrails are missing, or guardrails are loose.
Under Florida law, additional rules may apply to premises liability claims involving slips and falls. If you slipped and fell on a liquid spill in a store or restaurant, your slip and fall lawyer must prove that the responsible party had knowledge of the dangerous condition and should have taken steps to fix it. Examples include, but are not limited to:
- Failing to clean up or warn people about entryways that are wet when customers track snow or rain
- Failing to mop up spills or place wet floor signs to warn about spills that existed for a significant amount of time
- Using cleaning products that are known to cause slippery floors
Dramatization, not an actual client
Dramatization, not an actual client
Swimming Pool Accidents
Swimming pool owners in Florida must implement a system to prevent accidental drownings and swimming pool accidents.
For residential pool owners, this means at least one of the following protections must exist.
- Pools must have an approved safety cover
- There must be a wall or fence that meets the residential pool barrier requirements
- Doors that provide direct access from a residence to a swimming pool must be equipped with a self-closing and self-latching device
- Pools must have a swimming pool alarm that alerts the owner of unauthorized or accidental entry
For Commercial (public) swimming pools, the Florida Department of Health states that the certain regulations must be followed to keep people safe. These regulations address:
- Water quality in the pools
- The chemicals used to treat and disinfect the water
- Food, beverages, and containers used in and around the pool
- Lifeguards and safety equipment
- Barriers around the pool area
Inadequate Security
Property owners, managers, and operators in Florida also have a duty to provide guests with reasonable protection against foreseeable crime. When they fail to take adequate measures to keep people safe from foreseeable criminal activity, and someone gets hurt or killed, they can be held liable for damages. Negligent security can occur in various ways. These include, but are not limited to:
- Insufficient lighting
- Lack of video surveillance
- Unsecured doors, gates, and windows
- Improperly trained security guards
- Failing to provide security personnel
Dramatization, not an actual client
Dramatization, not an actual client
Dog Bites and Animal Attacks
Over 600 victims are hospitalized every year in Florida because of dog bites and attacks by other animals. Dogs kill about 2 people in the state annually. Most homeowners’ and renters’ insurance policies in Florida provide coverage for dog bites and injuries caused by other types of pets. Under Florida law, victims are not required to prove that an animal owner was negligent to recover compensation. Under strict liability dog bite law, they merely have to show that:
- The dog bit or otherwise attacked someone and caused injuries
- The victim was lawfully on private property or in a public place when the dog attacked
These laws apply even if the animal never showed aggression in the past. However, the victim’s injury award can be reduced if it is demonstrated that he or she provoked the animal before the attack.
Dog owners aren’t the only ones who can be held liable for animal attack injuries. Third parties who may also be held liable for damages include:
- Property owners
- Dog walkers
- Pet sitters
- Landlords
- Business owners
Fires and Explosions
Fires that take place in residential or commercial settings are especially dangerous because guests and residents are at risk of becoming trapped inside the building with no way out. When property owners fail to make repairs to electrical systems, don’t install fire alarms and/or sprinkler systems, don’t provide guests with an exit plan or adequate means of escape, or block emergency exits, they can be held liable for the burn injuries and wrongful deaths that result. Fire and explosion injuries are often caused by:
- Faulty electrical systems
- Improperly installed gas lines
- Defective ventilation systems
- Inadequate cleaning
Dramatization, not an actual client
Amusement Park Accidents
If you were injured in an accident at Adventure Island, Busch Gardens, Legoland, Walt Disney World, Universal Studios, or another amusement park near Clearwater, you may be able to hold the park owner or manager legally liable for your injuries. The most common causes of accidents at Florida theme parks include:
- Inadequate maintenance
- Mechanical failures
- Inadequately trained ride operators
- Inadequate inspections
Hotel and Resort Accidents
When accidents happen at hotels and resorts in Florida, multiple parties may be defendants in personal injury claims and lawsuits. Although most injury claims involve property owners and managers, claims and lawsuits are also often filed against:
- Negligent security companies
- Contracted cleaning companies
- Event planners
- Furnishing manufacturers
The Duty of Care in Premises Liability Cases
In Florida, property owners, managers, and operators have a duty to inspect their properties to ensure that they are reasonably safe. When hazards are identified, they must make repairs or modifications to minimize the dangers. If the hazard cannot be remedied right away, property owners must adequately warn guests that the dangers exist.
Invitees
In Florida, an invitee is someone who entered a property with invitation or permission. This person is on the property for some sort of business that may provide the owner with financial incentive. Examples include people who are making repairs, shopping, or dining at an establishment. Invitees are owed the highest level of care. Property owners must regularly inspect their properties for hazards and repair them or warn invitees of their existence.
Licensees
Licensees are social guests who are on the owner’s property with invitation or permission, and without a business purpose. Examples typically include family members and friends who stop by for a visit. Although property owners are not required to regularly inspect their properties for hazards, they are required to make repairs or warn licensees about dangerous conditions they know about, or reasonably should have known existed.
Trespassers
In most cases, property owners are not required to warn trespassers from hazards unless they know the person is on their property, and they know dangers exist. Exceptions may apply, however, Property owners are not allowed to create booby traps or intentionally harm trespassers. Additionally, if the trespasser is a young child who is not old enough to recognize the risks of a hazardous condition, the attractive nuisance doctrine may apply.
To find out whether a property owner owed you a duty of care, call Clearwater premises liability lawyer Jim Magazine at:
for a free consultation.
What to Do if You Were Injured on Someone Else’s Property in Florida
If you suffer injuries because of dangerous conditions on someone else’s property, and you believe that the owner’s negligence may have contributed to your accident, taking the proper steps can help preserve your right to recover compensation. You should ask yourself:
Do you need immediate medical treatment?
Your wellbeing is priority after an accident on someone else’s property. Whether you slipped and fell, were burned or shocked, got bitten by a dog, or suffered another type of incident that caused you to be hurt, you should evaluate your injuries before you do anything else. If your injuries are severe, call 9-1-1 immediately and get paramedics on the way.
Who saw your accident?
If your injuries don’t require immediate medical attention, take a moment to determine who may have seen your accident, or the dangerous conditions that caused it. Make a note of their names and contact information in case you decide to file a premises liability claim or lawsuit. If possible, use your cellphone to record a statement (with the person’s permission).
What caused your accident?
Look around you to identify any factors that may have contributed to your accident or the incident that harmed you. Is the balcony or porch missing a guardrail? Is the handrail for the stairway loose? Is there liquid on the floor that caused you to slip and fall? Did a property owner fail to clean up debris in a walkway? Use your phone to take pictures or videos of anything you think might have caused your injuries.
Report your injuries to the property owner or manager
Be sure to report your accident to the person in charge right away. If your accident occurred at a place of business, the manager should create an incident report that details what happened. Make sure the report is accurate and ask for a copy to keep for your records.
Call the police if necessary
If your injury happened in a public space or at a business, you may wish to file a police report documenting the incident. The police report will include important information about the way your injury occurred, and can help substantiate your claim if you were knocked unconscious or taken away from the scene by ambulance.
Preserve evidence
Make sure to preserve any evidence that may help your premises liability lawyer prove your case. For example, keep the shoes and clothing you were wearing when the accident happened, and any personal items that were damaged when it occurred.
Follow up with your medical provider
Follow up with a medical professional as soon as possible after your accident, even if you don’t think your injuries are severe. In the aftermath of a traumatic event, your body will usually produce adrenaline that can mask the symptoms of serious injuries like traumatic brain injuries and soft tissue damage.
Call premises liability lawyer Jim Magazine
The property owner and/or the insurance company may offer you payment soon after your accident, before you have had a chance to realize the full extent of your losses. Before accepting a settlement offer, be sure to call premises liability lawyer Jim Magazine for a free case evaluation. Jim can help determine the value of your claim to ensure you receive the compensation you need to pay for medical bills, lost wages, and pain and suffering.
Call Now 727-499-9900
Over 30 years
of Personal Injury Experience
How Much Is a Premises Liability Claim Worth in Florida?
No premises liability lawyer can guarantee the amount of compensation you will receive when you file an injury claim or lawsuit. However, attorney Jim Magazine will consider various factors to provide you with a fairly accurate estimate of what you should expect to receive if your case is successful. Our law firm will look at:
- How severely you were injured
- Whether you will require ongoing medical treatment or multiple surgeries
- Whether you will need in-home nursing care
- The amount of pain and suffering your accident has caused you to endure
- Whether you will need special medical equipment or mobility devices
- Whether you will need to make modifications to your home or vehicle
- Your lost wages if you are unable to work
- The amount of insurance coverage that is available
- Whether multiple parties may be sued for damages
- Whether you contributed to causing your accident
What Types of Compensation Are Available in Premises Liability Claims and Lawsuits in Florida?
Various types of compensation may be available in your Florida premises liability case.
Economic Damages
If a property owner or manager’s negligence caused your injuries, you may be able to hold the responsible party liable for the monetary losses the accident caused. These are referred to as “economic” damages. Calculating the value of your economic damages is usually fairly simple. Our law firm will review your bills, statements, receipts, and paycheck reports to decide how much to demand. Examples include:
- Medical bills
- Lost wages
- Prescription medications
- Medical equipment
- Modifications to your home or vehicle
- Travel expenses to obtain medical care
Non-Economic Damages
Unlike economic damages, which are determined by actual financial losses, non-economic damages are more complicated to value. This is because there are no receipts or bills that reflect how much they are worth. In most cases, your Florida premises liability attorney will use your economic losses as a basis for determining your non-economic losses. Examples of non-economic damages include:
- Physical pain
- Emotional trauma
- Loss of enjoyment
- Loss of companionship
Punitive Damages
If the Court decides that the property owner or manager acted intentionally or was grossly negligent, punitive damages may be awarded as well. These types of damages are only awarded in rare cases. In Florida, punitive damages are capped at up to three times the amount of compensatory damages or $500,000, whichever amount is greater. Unlike compensatory damages, which are intended to make the victim “whole”, punitive damages are designed to:
- Punish the wrongdoer
- Prevent similar behavior in the future
- Send a message to the community that such behavior is unacceptable
Dramatization, not an actual client
Client’s Testimonial
Jim Magazine is truly incredible. They made a difficult situation extremely pleasant. Jim is very knowledgeable and committed to helping his clients. Hi generosity and support left a lasting impression. From the beginning, he gave us options, was extremely concerned, and wanted to help my husband feel better from his injury. He worked hard and did everything he could to show his support for our situation.
How Premises Liability Lawyer Jim Magazine Can Help You Win Your Case
Premises liability lawyer Jim Magazine can be an invaluable asset when you are pursuing compensation from a negligent property owner or manager, especially if the at-fault party is a large corporation or business with a team of attorneys on their side. When you hire Jim to handle your case, our law firm will:
Shoulder the financial burdens of proving your case
Attorney fees, court costs, and the expenses that accompany an investigation should be the least of your worries when you are injured on someone else’s property. When you hire premises liability lawyer Jim Magazine, you won’t need to pay any upfront fees to pursue compensation. Our law firm will cover these expenses until your case is resolved, and if we don’t get you a fair settlement, you don’t pay.
Answer your questions and address your concerns
Attorney Jim Magazine will take the time to sit down with you and answer any questions you might have about your injury case. We will keep you informed of any changes as your case progresses, and address any concerns that arise along the way.
Negotiate with insurers on your behalf
Insurance company representatives can be relentless, and dealing with them on your own adds stress that takes away from your ability to recover physically and mentally. When you hire our law firm to represent you, we will handle all communications with the insurance company on your behalf, so you can focus on getting better.
Conduct an investigation
Attorney Jim Magazine will investigate your case to ensure no important details are missed. We will identify all possible causes of your accident and the parties who may be help legally responsible for your injuries.
Obtain medical records and reports
Our law firm will work with your medical providers to obtain your medical records and physician reports. We will use this information to prove the severity of your injuries and determine how they will impact you in the future.
Work with top experts
Jim Magazine has access to top medical experts, accident reconstructionists, safety experts, and other specialists. We will use these resources to provide the courts with expert testimony if your case goes to trial.
Fight for you in court
Unlike many injury lawyers who have never seen the inside of a courtroom, Jim Magazine has earned a reputation as a top trial lawyer in Florida who is not afraid to battle it out in front of a jury to protect his clients’ rights.
FAQs About Premises Liability Lawsuits in Florida
What is the statute of limitations for premises liability cases in Florida?
The statute of limitations in Florida premises liability lawsuits is generally 4 years from the date the accident occurred. If you are the legal beneficiary of someone who died because of unsafe property conditions, however, you have just 2 years from the date your loved one passed away to file a wrongful death lawsuit.
Should I hire a lawyer for my Florida slip and fall accident claim?
In Florida, you are not legally required to hire a lawyer to recover compensation in a slip and fall accident claim or lawsuit. However, studies show that people who hire injury lawyers recover approximately three times more in compensation than people who handle their cases on their own.
What do I have to prove in a Florida premises liability case?
For your Florida premises liability case to be successful, your injury lawyer must prove that:
- The property owner or manager owed you a duty of care
- A hazard existed on the property
- The property owner knew about, or should have known about, the dangerous condition that caused your injuries
- The responsible party failed to remedy the hazard or warn you that it existed
- The hazard caused your injuries
- You suffered serious injuries because of the hazard