Tampa Premises Liability Lawyer
Fighting for justice and compensation after an injury on someone else’s property due to negligence in Tampa
Florida’s vibrant cities and beautiful beaches attract visitors and residents alike. But what happens when a fun day out takes a turn for the worse due to a dangerous condition on someone else’s property?
Premises liability law exists to protect individuals from injuries caused by hazards on another’s property. If you’ve been injured in such an accident due to a broken railing, a slippery walkway, inadequate security, or another unsafe condition in Tampa, you may have a right to compensation through a premises liability claim.
Here at Palmer Lopez, our experienced Tampa premises liability lawyers understand the complexities of these cases. That’s why we’re dedicated to providing you with legal advice tailored to your individual situation so you can navigate your claim with confidence.
Don’t let a property owner’s carelessness leave you facing medical bills and lost wages alone.
Contact Palmer Lopez today for a free consultation, and let us help you recover the compensation you deserve.
What are some common situations where premises liability comes into play?
Premises liability can arise in a variety of situations where unsafe conditions on someone’s property lead to injury.
At Palmer Lopez, our Tampa premises liability lawyers handle cases involving the following:
Slips, trips, and falls can occur anywhere—parking lots, sidewalks, someone’s home, hotel lobbies, malls, grocery stores, etc. Common hazards that lead to premises liability lawsuits include spilled liquids, loose carpeting, uneven walkways, fallen products, potholes, etc.
Property owners must take reasonable precautions to keep their property safe. Poor lighting, broken locks, malfunctioning security systems, or inadequate security personnel in high-crime areas can create an unsafe environment. If a crime occurs due to the property owner’s negligence on security measures and you’re injured as a result, you may have a premises liability claim.
Defective maintenance.
Property owners are required to properly maintain their premises. Broken stairs or railings, malfunctioning elevators, or faulty lighting due to a lack of proper maintenance can be grounds for a lawsuit.
Swimming pool accidents.
Drowning or pool-related injuries can occur due to inadequate fencing, unmarked hazards, malfunctioning pool equipment, or a lack of lifeguard supervision. Premises liability may apply if the property owner failed to take reasonable steps to ensure pool safety.
Amusement park accidents.
Theme park accidents fall under premises liability as well. Issues might include malfunctioning ride equipment, slip and fall incidents on wet surfaces near water rides, or injuries sustained from improperly secured safety harnesses.
Concerts.
Concerts can also be a significant source of premises liability cases. Accidents and injuries at concert venues can occur due to overcrowded spaces, inadequate security measures, unsafe structures (like stages or scaffolding), or a failure to manage the crowd effectively. Incidents might include being trampled in a crowd surge, injuries from thrown objects, falls due to spilled liquids or other unmarked hazards, or assaults due to insufficient security.
If your injuries were foreseeable and the property owner didn’t acknowledge the potential danger, they could be held financially liable for your injuries.
What is the duty of care for property owners?
In premises liability claims, the term “duty of care” refers to a property owner’s legal obligation to maintain their premises in a reasonably safe condition for visitors. This duty of care varies depending on the category of the visitor:
Invitees.
These are individuals invited onto a public or business property (e.g., customers in a store). Property owners owe the highest duty of care to invitees. This includes repairing known hazards, inspecting for and fixing unknown hazards, and warning invitees of any potential dangers.
Licensees.
These are individuals who enter a property with the property owner’s permission for their own purpose or benefit, rather than for the benefit of the property owner. This could include social guests in a private home or salespeople visiting a business. The duty of care owed to licensees by property owners involves warning them of any non-obvious dangers on the property that the owner is aware of, but it does not generally require the owner to inspect for unknown hazards.
Trespassers.
These are individuals who are on the property without permission (e.g., someone sneaking into a closed construction site). Property owners generally owe little duty of care to trespassers (other than to refrain from willful or wanton harm), except in specific situations involving children or known trespassers in dangerous areas.
In essence, the duty of care for property owners boils down to taking reasonable steps to ensure their premises are safe for those who have a legal right to be there.
What are the elements of premises liability negligence?
To win a premises liability case, you’ll need to prove the following elements of negligence:
- Duty of care. The property owner owed you a duty of care based on your status as an invitee, licensee, or trespasser (with some exceptions).
- Breach of duty. The property owner breached their duty of care by failing to maintain the premises in a reasonably safe condition or warn you of potential dangers.
- Causation. The property owner’s breach of duty directly caused your injury.
- Damages. You suffered actual damages as a result of your injury, such as medical bills, lost wages, or pain and suffering.
Proving premises liability can be a complicated process involving a thorough investigation to establish the property owner’s knowledge of the hazard and failure to take appropriate actions to mitigate it.
It’s crucial to involve an attorney early on in the process to preserve evidence, identify potential witnesses, and ensure all necessary legal steps are followed.
What types of damages can I recover in a Tampa premises liability case?
Depending on the circumstances of your injuries, you could potentially recover compensation for any of the following:
- Medical bills. Compensation for medical expenses includes bills accrued to date, including doctor visits, hospitalizations, surgeries, medication, and physical therapy, as well as future medical care.
- Loss of earnings. If you missed time from work due to your injuries, you could be entitled to collect compensation for lost wages. You might also collect money for your decreased future earning ability in a severe case.
- Pain and suffering. This can extend to both the physical and emotional pain you experienced due to your injuries.
- Wrongful death. If someone passes away from their injuries, the surviving family members could file a wrongful death claim for their losses, which could also include compensation for loss of companionship, consortium, income, inheritance, etc.
Generally speaking, cases involving catastrophic injuries, permanent disability, or death typically bring higher settlement awards than more minor injuries that don’t require extended time off of work or major life changes.
How can a Tampa premises liability lawyer help with my claim?
At Palmer Lopez, our experienced Tampa personal injury attorneys will evaluate the facts and evidence in your case to determine the best way to proceed. We will conduct an independent investigation and gather all the evidence to help support your case. When necessary, we will also retain well-respected industry experts who can testify to prove your version of the events.
Our attorneys will handle all negotiations with the defendants as well, which means that you won’t need to worry or stress over the thought of trying to negotiate a settlement. If we cannot settle your case, we will file a lawsuit and prepare your case for trial.
Want to learn more about how our Tampa premises liability lawyers can help with your claim?
