PREMISES LIABILITY ATTORNEY in Tampa
Injured on Someone Else’s Property? You Have Rights!
When you visit a store, amusement park, or even someone else’s home, you expect to be reasonably safe. However, if the property owner doesn’t take the proper steps to ensure your safety, and you are injured, you may be entitled to compensation. A premises liability attorney in Tampa can help you explore all of your legal options.
At Darrigo & Diaz, our experienced team of attorneys and other legal professionals are always here to take your call. We have over 75 years of experience helping injured clients like you get the full compensation they deserve. When you call us, we will conduct an investigation into the cause of your injury and help you determine the best legal path forward.
You don’t pay unless we win, so contact our office for a free, no-obligation legal consultation.
When You Could Hold a Property Owner Liable
“Premises liability” is a legal term that covers a wide variety of different cases. The most well-known of these is slip and fall. However, there are many other types of cases, including:
And more. Essentially, if you are hurt on someone else’s property because they didn’t take the proper steps to ensure your safety, you may be able to pursue for compensation.
Types of Compensation Available in a Premises Liability Case
Compensation is often broken down into two general categories: economic and noneconomic. Economic damages, as the name implies, pertain to monetary losses you suffered because of your injury. This may include medical bills, property damage, lost wages, out-of-pocket expenses, and more.
Noneconomic damages, on the other hand, compensate you for the less tangible losses you suffered. As such, they can be more difficult to prove. Noneconomic damages include pain and suffering, mental anguish, permanent disability or disfigurement, and more.
In very rare circumstances, punitive damages may also be assessed to punish the defendant. In order for punitive damages to be assessed in Florida, you must show that the defendant acted with intentional misconduct or gross negligence. If either of these criteria is proven, you may be awarded up to three times the amount of economic and noneconomic damages, or $500,000, whichever is greater.
How to Build a Premises Liability Case in Tampa
When you work with a premises liability lawyer in Tampa, they will immediately begin building a case on your behalf. One of the first elements they will consider is what type of visitor you were on the property. There are three general types of visitors: invitees, licensees, and trespassers.
Invitees are granted the most protection. They are people who are on the property for the financial benefit of the property owner. The most common example of an invitee is a retail shopper, but can also include amusement park visitors, residents of an apartment complex, and more. Property owners must thoroughly inspect their property to ensure all hazards are either fixed or given proper signage, such as a “wet floor” sign.
Licensees are people who are allowed to be on the property but aren’t there for the financial gain of the property owner. Examples of licensees can include delivery drivers, plumbers, house party guests, and more. Property owners have a duty to warn licensees about any dangers and not intentionally harm them.
Trespassers are the least protected group of visitors. As the name suggests, they are on the property without the permission of the property owner. Trespassers can also include those who are in areas of the property where they aren’t allowed to be, such as in an “employees only” area. Property owners simply have the duty to not intentionally harm trespassers, such as by setting traps.
Proving Liability in a Premises Liability Case
Perhaps the most important element your Tampa premises liability lawyer will need to prove is negligence (unless the property owner intentionally caused you harm). In order to prove that the business owner was negligent, you must show that:
- There was a duty of care, the level of which is dictated by the type of visitor you were
- The business owner breached their duty of care, such as by not addressing a spill in a timely manner
- Any injuries you sustained were directly caused by the breach in the duty of care
- You suffered real, compensable damages as a result of the incident, such as medical costs
A major element in liability in a premises liability case is a foreseeable danger. In essence, the hazard that caused your injury must have been known (or should have been known) by the property owner. For instance, if you’re in a store and a child spills their drink, and you slip in the puddle just moments later, it may be hard to prove that the property owner had enough time to reasonably address the issue.
In cases such as negligent security, if you are the victim of a violent crime at a gas station that is well-lit and doesn’t have a history of criminal actions on the property, then that violent act may not be considered foreseeable. However, if a property does have a history of such incidents and does nothing to address it, and you are injured in a criminal act, that property owner may be considered negligent.
Work with a Premises Liability Attorney in Tampa Today
Dealing with injuries after you’ve been hurt on someone else’s property can be a stressful situation. You may be unable to work, and you could have a mound of medical bills piling up, among other issues. At Darrigo & Diaz, our experienced premises liability lawyers are here to help. We have the skills needed to make sure the at-fault party is held accountable for their actions or negligence.
Our legal team has over 75 years of combined experience representing injured clients, and we’ll use that experience to help you get the compensation you deserve. Give us a call at (813) 774-3341 or contact us online today for a free, no-obligation consultation.