Accidents can happen to anyone in Boca Raton, no matter how careful they are. If you were injured on someone else’s property in Florida, whether it was their home or a place of business, you are protected under the state’s premises liability statutes.
Learn the relevant rules in your case and how you could work with a Boca Raton premises liability lawyer from GED Lawyers to act against the property owner in question.
What to Know About Premises Liability in Boca Raton
Like other property owners throughout Florida, anyone in charge of a Boca Raton property is also responsible for ensuring their welcomed guests are reasonably safe from harm within the premises. For example, if there is ongoing renovation work on the property, the owner could set up warning signs or block off the work zone. This way, visitors are less likely to venture into the area and get injured by a construction hazard.
Besides the owner, a tenant can also be liable for accidents on the property. To illustrate, suppose you got injured inside a retail store located in a mall. The store would be at fault for your condition, not the mall owner, since the store would be responsible for the space they rented.
Your Boca Raton premises liability lawyer can help search for proof of the property owner or tenant’s fault. These can include witness reports and security camera footage.
Specific Rules on Slip and Fall Liability
Boca Raton also has special rules regarding slip and fall accidents, as found in Florida Statutes § 768.0755. This statute states that a business can be at fault in a slip and fall case if it knew about the hazard long enough to have had ample time to deal with it. The same goes for dangerous conditions that occur regularly in the establishment that the business should already know how to handle.
Exceptions to the Liability Rule
While a Boca Raton property owner or tenant is typically responsible for their guests’ safety, Florida Statutes § 768.075 places limits on how liable they can be when it comes to trespassers. In general, they are not at fault for a trespasser’s injury if:
- The trespasser committed a crime or was about to commit one
- The trespasser was under the influence of drugs or alcohol
Moreover, the party in charge of the property must also refrain from purposefully creating hazards to harm trespassers if they want to be free from liability in an accident.
For a free legal consultation with a premises liability lawyer serving Boca Raton, call (561) 995-1966
How to Pursue Damages After Your Accident
A premises liability lawyer from our firm can review your accident to guide you on the next best course of action. Depending on the circumstances surrounding you and the party in charge of the premises, they could advise you to file either an insurance claim or a lawsuit. They can also consider whether you may be open to settling privately with the property owner.
The attorney can help you comply with your filing requirements and present your case to the insurance company or the civil court.
Besides bringing a claim to your health insurance provider, you might be able to file a liability claim against the tenant or property owner to recover your accident-related expenses. Liability coverage pays for a victim’s damages when the policyholder is at fault in an accident.
If you were injured in a residential property, you could check if the property owner carries homeowners’ insurance. This policy generally includes liability coverage. If your accident happened in a commercial space, the at-fault business might carry commercial liability insurance even though it is not mandatory here in Boca Raton.
However, the other party’s insurance provider is not on your side, so you might not get a fair initial offer from the claims adjuster. If such a problem arises, your premises liability lawyer can help you negotiate for a more agreeable settlement.
Filing a Premises Liability Lawsuit
There are situations where an injury lawsuit would be more doable than a liability claim. For instance, the liable business might not have liability insurance. Perhaps you might also be dealing with a property owner with insufficient coverage.
In a Boca Raton premises liability lawsuit, the Palm Beach County civil court will preside over the case. They will determine how much you can recover after assessing the statements and evidence from both sides. Since the insurance company no longer has the authority to decide the settlement amount, the court could order the property owner or tenant to compensate you beyond their policy limits.
Your Boca Raton premises liability attorney can represent and advise you in court proceedings until the judge and jury reach a verdict on your case.
Filing on Time
A crucial aspect of filing any action is complying with your filing deadlines. As with other Florida injury cases arising from negligence, your Boca Raton premises liability case has a four-year deadline (Florida Statutes § 95.11).
Since late case filings will automatically be rejected, your lawyer can help check on your progress and assist with tasks to help ensure you can file on time.
Boca Raton Premises Liability Lawyer Near Me (561) 995-1966
How Sharing Fault Impacts a Premises Liability Case
Successfully settling the premises liability claim or lawsuit lets you recover damages such as medical expenses and lost wages. You could also get compensated for the pain and suffering you experienced. However, you might not get the full settlement amount if the insurance claims adjuster or the court deems you partly liable for your injury.
For example, they could find you 40 percent liable for running in a store with a wet floor, making you more likely to slip and fall. However, the store still holds more fault for failing to place warning signs. As a result, they owe you 60 percent of your damages.
Your premises liability lawyer can check whether you have sufficient evidence to prove your case, which can help reduce the liability placed on you.
Consult with Our Boca Raton Premises Liability Lawyer
With 27 years of experience in Florida personal injury law, GED Lawyers is always ready to help you act against those who wronged you. Contact us today for a free case evaluation with a compassionate team member.
Besides premises liability cases, our injury law practice areas range from auto accidents and dog bites to product liability and mass torts. Call us anytime or speak with our 24/7 live chat team online if you have any case concerns or service inquiries.