Jacksonville Premises Liability Attorneys

Compassionate Representation for Premises Liability Accident Victims in Jacksonville, FL

Property owners bear a legal responsibility to ensure the safety of their premises. The law requires property owners to take reasonable steps to check for, address, and resolve any hazards that could potentially injure visitors. When property owners fail to fulfill this duty, they become liable for any resulting injuries.

If you were recently injured on someone else’s property due to some sort of safety hazard, you may be able to take legal action and recover damages. Our Jacksonville premises liability lawyers can listen to your story and help you understand your legal options. With millions recovered for personal injury accident victims and over 150+ years of combined legal experience, our team at Edwards & Ragatz, P.A. has the skills and resources to successfully navigate these cases and will make every effort to deliver the best possible outcome. 

If you think you may have a premises liability case, we invite you to schedule a free initial consultation by contacting us online or calling (904) 295-1050. You owe us nothing unless we win, so do not hesitate to reach out!

When Is a Florida Property Owner Liable for Injuries on Their Property?

Under Florida's premises liability laws, a property owner can become liable for injuries sustained on their property under certain conditions. Most importantly, the owner must have known about the dangerous condition or reasonably should have known about it through a regular property inspection. The victim, on the other hand, must not have been aware of the hazard. This could be due to inadequate signage warning of the risk or the property owner's failure to inform the victim. In other words, you may not have a case if you were injured by a hazard the property owner told you about or if the property owner posted clear warning signs near the dangerous condition. 

It is crucial to emphasize that property owners are expected to conduct regular inspections of their premises to identify potential hazards and rectify them promptly. A failure to complete such inspections can also lead to the owner being held responsible for any resulting accidents. 

Additionally, according to Florida’s attractive nuisance laws, property owners may be held responsible for injuries to children lured onto the property by an appealing hazardous condition or object, such as a swimming pool. This holds true even if the child was trespassing. The rationale behind this is that children may not fully comprehend the danger they may be in, and consequently, the owner must take necessary precautions to prevent harm.

Establishing premises liability is not always easy, but you do not have to go through this process alone. Our Jacksonville premises liability attorneys know how to successfully approach these cases and hold property owners accountable for negligence. We can investigate what happened, advise whether you have a strong case, and help you take the appropriate legal action.

Types of Premises Liability Cases

Premises liability may apply in any scenario where an individual suffers injuries due to a hazard on someone else’s property that the property owner knew or should have known about. Consequently, it is always in your best interest to get legal advice if you sustain harm on someone else’s property because of a dangerous condition that reasonably should have been addressed.

Our team at Edwards & Ragatz, P.A. is prepared to represent you in a wide range of premises liability cases, including those involving:

• Slips and falls: Slips and falls primarily occur due to wet or uneven surfaces, poorly lit areas, or hazards such as debris or cords spread across walking paths. These accidents can be deceptively dangerous, causing a range of injuries that vary in severity. At the milder end of the spectrum, victims might suffer from bruises, sprains, or minor cuts. However, more severe falls can lead to fractures, particularly in the hip, wrist, or ankle – areas that often take the brunt of the impact. Brain injuries can be another serious consequence, with the potential for concussions or even traumatic brain injuries, which can have long-lasting impacts on cognitive function and mental health. In worst-case scenarios, a dangerous fall can lead to spinal cord injuries, which could result in paralysis or other permanent disabilities.
• Elevator and escalator accidents: Elevator and escalator accidents fall under the scope of premises liability when they occur due to the negligence or failure of a property owner to ensure their safe operation. Property owners are obligated to regularly inspect and maintain these machines to prevent malfunctions. If an accident occurs as a result of a known issue, or an issue that should have been known with proper inspection, the property owner can be held liable. These accidents can cause a wide range of injuries, some of which can be extremely serious. In the case of an elevator, abrupt stops, falls within the elevator, or even falls down the elevator shaft can occur, leading to broken bones, concussions, or more severe injuries such as spinal cord damage. Escalator accidents can result in falls, entrapment of limbs, or being struck by a malfunctioning part, all of which can cause traumatic injuries.
• Dog bites: In Florida, dog owners are held strictly liable for any injury their dog causes regardless of whether the owner was aware of the dog's past aggressive tendencies or not. In other words, you likely have a case if you were bitten by a dog in a public place or while you were lawfully present on private property. With that said, trespassing on private property or provoking a dog immediately prior to an attack can in some cases limit or negate the owner’s liability.
• Negligent security: In Florida, a property owner can be held liable for injuries caused by negligent security under specific circumstances. “Negligent security” refers to situations where a person is injured due to criminal acts or violent conduct on a property that could have been prevented by adequate security measures. The property owner becomes liable when it can be established that they failed to provide reasonable security measures and that this failure directly led to the victim's injury. For example, if an assault occurs in a parking garage known to be a hotspot for criminal activity, and the property owner did not install appropriate lighting, security cameras, or hire security personnel, they might be held liable for the injuries stemming from the assault. The idea is that the owner knew (or reasonably should have known) about the potential risk but did not take sufficient steps to mitigate it. These cases can be especially complicated, but our Jacksonville premises liability lawyers can help you explore your options for obtaining compensation if you were injured in connection with a violent crime facilitated by a lack of security.
• Swimming pool accidents: Unsecured swimming pools can be considered an attractive nuisance if they entice children who then get hurt, even if they were trespassing. This reflects the understanding that children may not fully comprehend the risks associated with swimming pools. Property owners have a responsibility to ensure that safety measures, like proper fencing and locking gates, are in place to prevent unsupervised access to their pools. If a drowning or injury occurs because a property owner failed to secure the swimming pool area or did not maintain the area in a safe condition, they can be held accountable for the resulting damages.
• Exposure to hazardous materials: The concept of premises liability extends to cases where individuals are exposed to toxic chemicals or substances (such as asbestos, lead, mold, or radioactive materials) on a property due to the negligence of the owner. If the owner knew about the presence of the harmful substance and failed to remove it – or did not disclose its presence to individuals who could potentially be exposed – they can be held accountable for any injuries resulting from the exposure.

Florida Premises Liability FAQs

How long do I have to file a premises liability claim in Florida?

In Florida, the statute of limitations for filing a premises liability claim is typically four years from the date of the injury. This means you have four years to initiate a lawsuit or settle your claim. It’s important to act promptly, as failing to file within this period may result in losing your right to seek compensation. There are some exceptions and nuances to this rule, so it’s advisable to consult with a legal professional to ensure that your claim is filed within the appropriate timeframe.

Can I still recover damages if I was partially at fault for the accident?

Florida follows a comparative negligence rule, which means you can still recover damages if you were partially at fault for the accident, but your compensation may be reduced based on your degree of fault. For example, if you were found to be 30% responsible for the accident, your damages would be reduced by 30%. The property owner’s liability will be proportionate to their share of the responsibility for the hazardous condition. It’s important to consult with an attorney to understand how comparative negligence might affect your specific case.

Are there different standards of care for different types of visitors on a property in Florida?

Yes, Florida law distinguishes between different types of visitors when determining the property owner's duty of care. The three categories are invitees, licensees, and trespassers. Invitees are individuals who are on the property for the benefit of the property owner (e.g., customers in a store) and are owed the highest duty of care. Licensees are individuals who enter the property for their own benefit (e.g., social guests) and are owed a duty to warn of known dangers. Trespassers are individuals who enter the property without permission and generally receive the least protection, although property owners cannot act with gross negligence or intentionally cause harm.

What if the property owner did not know about the dangerous condition?

In a premises liability claim, a property owner may still be liable even if they did not know about the dangerous condition if they should have known about it. Florida law requires property owners to conduct regular inspections and maintenance to identify and address potential hazards. If it can be shown that a reasonable property owner would have discovered the dangerous condition through proper inspection and maintenance, they may still be held liable for injuries caused by that condition.

Can I file a premises liability claim if the property owner has insurance?

Yes, you can file a premises liability claim if the property owner has insurance. Property owners typically carry liability insurance to cover potential claims for accidents occurring on their property. When you file a claim, it is often the insurance company that handles the negotiations and settlement, rather than the property owner personally. Your attorney can help you navigate the process of filing a claim with the insurance company and ensure you receive fair compensation for your injuries.

What if the injury occurred on a commercial property versus a residential property?

The principles of premises liability apply to both commercial and residential properties in Florida. However, there may be differences in how the duty of care is applied. Commercial property owners are often held to a higher standard due to their business operations and the greater number of visitors they may have. They are expected to maintain their property to prevent injuries to customers and patrons. Residential property owners are generally expected to maintain their property for the safety of invited guests and may be held liable for hazards that they knew or should have known about. Regardless of the property type, proving negligence is key to a successful claim.

Let us put our 150+ years of combined legal experience to work for your premises liability claim. Call (904) 295-1050 or contact us online today!