If you get injured on someone else’s property or at a public park, you may be eligible for financial compensation for your medical bills and other losses. A lawsuit brought against a property owner for careless property usage or maintenance is called a premises liability claim. The West Palm Beach premises liability attorneys at LaBovick Law Group represent those injured by property owner negligence in South Florida. Find out how we can help you today by calling (561) 623-3681.
Why Choose LaBovick Law Group for Your West Palm Beach Premises Liability Claim?
- At the LaBovick Law Group, we fight to win your case. This means we will do what it takes to maximum compensation on your behalf, whether that is through a settlement or a personal injury trial.
- We are passionate about helping those in need. Our goal is to provide services to injured individuals to make their lives easier and more fulfilling.
- We work diligently to provide relentless innovation with our approach to cases. We adapt to the times, including bringing new approaches and ideas to personal injury claims throughout Florida.
- We have the resources necessary to take your case all the way through to a personal injury trial if necessary to ensure you recover maximum compensation.
West Palm Beach Premises Liability Resources
- What is Premises Liability Law?
- How Can a Premises Liability Attorney Help?
- Types of Premises Liability Cases
- How do You Prove Premises Liability?
- How Will Partial Liability Affect a Claim?
- Paying for a Premises Liability Lawyer
What Is Premises Liability Law?
Premises liability is the legal term for a property owner’s legal and financial responsibility for accidents that take place on his or her property due to careless maintenance. If a property owner fails to meet the accepted duties of care in regard to searching for property defects, remedying known issues, and warning visitors of potential hazards, the owner can be liable for a related accident, injury, or death.
How Can a West Palm Beach Premises Liability Lawyer Help?
A premises liability attorney can explain and protect your rights during the premises liability claims process. While a property owner’s insurance company may try to take advantage of you as an unrepresented claimant, it will treat you fairly after you hire a lawyer. Hiring an attorney can improve your chances of recovering the monetary award you need to move forward.
Furthermore, your lawyer can handle complicated tasks on your behalf while you focus on recuperating. These tasks can include investigating your accident, gathering evidence, hiring subject-matter experts to testify, and going up against any defendant in or out of the courtroom.
Types of Premises Liability Cases We Handle
Any harmful accident or incident that takes place on someone else’s property could lead to a premises liability lawsuit in Florida. Some of the most common examples of premises liability cases our West Palm Beach personal injury lawyers handle are:
- Slip and fall accidents
- Elevator and escalator accidents
- Dog bites and animal attacks
- Amusement park accidents
- Swimming pool accidents
- Ceiling collapses
- Inadequate property maintenance
- Objects falling from shelves and striking customers
- Exposure to toxic substances
- Negligent security
- Wrongful death
If you were injured in any of these types of accidents while on public or private property in South Florida, you may be entitled to financial compensation. Speak with an experienced West Palm Beach premises liability attorney to learn more.
How Do You Prove Premises Liability?
Negligence refers to a careless act or omission that causes harm to others. In Florida, premises liability claims involve a specific type of negligence. In general, to recover compensation with a premises liability claim in Florida, you or your premises liability lawyer will have to prove four elements:
- A duty of care was owed. Property owners owe different duties of care (reasonable levels of care) based on the visitor’s status. For the most part, invitees and licensees are owed duties of care while trespassers are not.
- A duty of care was breached. The property owner or occupant must be guilty of a breach of duty, or an act of carelessness that does not fulfill the individual’s obligation of reasonable care.
- Causation. The property owner’s mistake must be the proximate, or main, cause of your accident and the injuries you are claiming.
- Damages. You must have suffered compensable damages (losses) in the premises accident, such as physical injuries, pain and suffering, lost wages, or medical bills.
If your West Palm Beach premises liability lawyer can prove these elements based on a preponderance of the evidence, the property owner will be financially responsible for your economic and noneconomic damages. A preponderance of the evidence is enough proof to demonstrate that the defendant more likely than not caused the accident. An attorney can help you with the burden of proof by gathering and presenting evidence on your behalf.
How Will Partial Liability Affect a Claim?
One tactic that insurance carriers or at-fault parties may use to try to limit how much money you recover for your premises liability claim is to say that you caused your own injury. While this may affect how much compensation you can receive, it is important to understand that Florida operates under what is called a “pure comparative negligence” system. This means that individuals can recover compensation regardless of how much fault they had for a premises liability incident, even if they are up to 99% at fault.
For an example of how this would work for an actual premises liability claim, let us set up a theoretical scenario. Suppose Jack walked into his bank, slipped and fell on a spill, and sustained $20,000 worth of medical bills and other expenses. If Jack could show that the bank employees knew about this spill but failed to clean it up before he arrived, he would likely be able to recover compensation for his losses. However, what if there is evidence that Jack was looking at his phone right before the incident occurred, and the bank argues that Jack should have seen this spill?
In this scenario, it is entirely possible that a jury would find Jack partially responsible for the incident. For this particular scenario, let us assume that the jury finds Jack 20% responsible. This means Jack would receive $16,000 instead of the full $20,000 to account for his percentage of fault.
It is crucial to have a skilled premises liability lawyer in West Palm Beach by your side who can combat any allegations of partial fault from the other parties involved. An attorney will conduct a complete investigation into the incident and vigorously push back against the other parties in order to obtain maximum compensation for their client.
Paying for a Premises Liability Lawyer in West Palm Beach
It can seem like a daunting challenge to try and find an attorney you can afford after sustaining an injury. However, at the LaBovick Law Group, our team handles premises liability claims in West Palm Beach on a contingency fee basis. This means that our clients do not have to worry about paying any upfront or out-of-pocket costs for their cases. We handle all of the initial and ongoing costs of litigation, and our clients will not have to pay any legal fees until after we successfully recover the compensation they are entitled to.
Contact a Premises Liability Attorney in West Palm Beach, FL Today
If you believe you have grounds to hold a property owner legally responsible for you or a loved one’s recent accident or wrongful death, contact the premises liability attorneys at LaBovick Law Group for assistance. We can help you and your family fight for justice and fair financial compensation, so you can move forward with peace of mind.
Request a free consultation today. Contact us online or call our local law firm at (561) 623-3681 any time to speak to a premises liability lawyer in West Palm Beach.