Landlords must maintain their property to minimize the dangers to innocent people. If you or a loved one have been injured while on someone else's property, you are entitled to compensation that a Kissimmee premises liability lawyer can help you obtain.
To win that compensation, the injured person must show that the premises owners were negligent in maintaining their property. The issue often is how foreseeable the accident was. Would the typical landlord have foreseen that the property's condition could cause this injury? Contact an experienced Kissimmee personal injury lawyer immediately to understand your case's liability considerations.
Common Accident Causes
Some of the common physical hazards that cause injury that Kissimmee premises liability attorneys see in these types of cases are:
- Uneven surfaces
- Poor lighting in hallways or other common areas
- Open construction pits without fencing or warning signs
- Defective stairwells or banisters
- Faulty locks that allow intruders to get in
- Defective wiring and other fire hazards
- Failure to shovel snow or warn about wet floors
Under the law, a person who lives in an apartment building or other multi-resident dwelling has a right to a habitable, safe environment. The injured party can recover damages if the owners have breached that duty.
Visitor Classification
In other cases, courts will examine why the victim was on the defendant's premises. There are several different classifications of persons in these types of cases, such as:
- Invitees
- Social guests
- Licensees
- Trespassers
Invitees and social guests deserve the highest standard of care because the property owners specifically asked them to come onto the property. For example, if the premises were part of a "public accommodation" where public members are specifically invited in - such as a store or a restaurant - then the courts will hold the owners to a high standard of care.
Licensees are people who have permission to be on the property but visit for their purposes or amusement rather than for business. Trespassers deserve almost no care, although they are protected against willful injury.
Potential Damages
Florida is one of the many states that use a comparative negligence standard. This means that whatever amount the injured party was negligent, their recovery will be reduced by that amount. Some of the injuries a person can suffer include:
- Brain damage
- Burns
- Broken or otherwise injured limbs
- Emotional trauma
Medical costs caused by a serious personal injury can skyrocket very quickly. If the injured party was the breadwinner for a family, then the entire family could be forced to lower its quality of life. The damages that can be won include economic damages (medical expenses, lost income), noneconomic damages (emotional distress), and punitive damages (meant to punish the defendant's conduct).
Kissimmee premises liability attorneys know how to hold landowners accountable when they fail to remedy the hazards on their property. Photographs of the accident scene and witness accounts can be very useful. A thorough medical examination is essential. Gathering the evidence that will be needed for a successful claim must happen as soon after the accident as possible.
Contact a Kissimmee Premises Liability Attorney
In most personal injury cases in Florida, the injured person has four years from the accident date to file a claim. The statute of limitations and necessity for evidence are the primary reasons you should not wait another day before getting your claim evaluated by a Kissimmee premises liability lawyer who is ready and able to fight for you.