If you’ve been injured on another person’s property, you may be entitled to compensation. We believe you should contact an Orlando premises liability lawyer immediately after your accident. The Florida premises liability attorneys at Spetsas Buist PLLC know what it takes to pursue a premises liability claim. Our attorneys will fight for your rights and help you get the compensation you deserve.
Now, let’s talk about premises liability. Property owners in Florida are supposed to keep their property reasonably well maintained to avoid harming visitors. However, not all property owners keep their property safe. As a result, people suffer from unnecessary accidents all the time. For example, one of the most common types of premises liability accidents is a slip and fall, and Florida has a specific statute for foreign substances in a business establishment. In other words, Florida has a specific statute to deal with people slipping on liquids, and that tells you just how common slip and fall accidents are.
When a person fails to maintain their property and someone gets hurt as a result, the negligent property owner may be liable for the victim’s damages. If you have been injured in an accident on another person’s property, an Orlando premises liability lawyer at Spetsas Buist PLLC will fight to get you the money you deserve. Feel free to give us a call, and we can talk about your case. Your initial consultation is free.
Types of Premises Liability Accidents
There are many types of accidents that could lead to a premises liability lawsuit.
Common Premises Liability Accident Injuries
People are injured every day on other people’s property, and it’s often because of a hazard on that property. Whether it’s a slippery floor, lead paint, a faulty elevator, or negligent security, there are many ways a visitor can get hurt. As a result, visitors suffer a variety of injuries, and we have listed some of the more common types of premises accident injuries for you below.
Head & Brain Injuries
Whether a person slips on a floor, trips over a cord, or falls down an elevator shaft, head and brain injuries can be a serious issue. These types of injuries include things like concussions, traumatic brain injuries, brain bleeding, and skull fractures.
Neck, Back & Spine Injuries
When visitors slip on a floor or slip down a set of stairs, spinal injuries are fairly common. Additionally, these injuries don’t show symptoms until much later. These types of injuries could include things like whiplash, spinal cord damage, herniated discs, or strains and sprains.
Soft Tissue Injuries
Here, we’re talking about injuries like bruises and cuts. Premises liability accidents often involve injuries to the skin, muscles, and tendons, which can often result in extreme and lasting pain. Thus, soft tissue injuries are an extremely common injury in premises accidents.
These injuries include broken and bruised bones, which can require surgery to repair and lots of time to heal. Bone injuries are common in premises liability accidents, and they can cause permanent damage.
When a negligent landowner creates a fire hazard, a visitor can suffer serious burns, and a burn is one of the most painful injuries. Additionally, burn injuries often require extensive medical treatment and plastic surgeries. Thus, burn injuries can be very painful and expensive, and they can dramatically alter a person’s life forever.
What Should I Do After A Premises Liability Accident?
Your actions directly after a premises liability accident can seriously affect the outcome of your claim. Thus, what you do after the accident can be critical. Although the facts of each case are different, we have created a list of things you should consider doing after a premises liability accident.
Check for Injuries
Immediately after your accident, take a moment to check for any serious pain because adrenaline can mask an injury. If you feel serious pain, you should not make any sudden movements unless necessary to move out of the way of danger. This is especially true if there are signs of nerve damage, like tingling or numbness.
Take Pictures & Videos of the Scene
If possible, immediately gather evidence of the accident scene. Take pictures of the accident scene from several different angles. Also, take a few selfies so your attorney can easily identify you in any available camera footage. Finally, take a quick video of the accident scene. Walk around and show the viewer everything you can about the accident scene. This kind of data could be priceless for your premises liability claim.
Get Medical Help
If you sustained injuries in a premises liability accident, seek medical help as soon as possible, even if you’re only experiencing slight or minor pain. Pain may not show up for days, so it’s best if you get a doctor to examine you after your accident. Additionally, if you seek medical help, you can put your injuries on the record, and this can help you establish damages in your premises liability claim.
File a Report
If you’ve been injured on commercial property, report your accident to the property manager or supervisor. Most businesses, especially in or around Orlando, should have some sort of accident report form that you can fill out. This type of report could be helpful in your premises liability claim.
Call 911 or Local Authorities
If your injuries are severe or if you are in serious danger, you should call 911 or local authorities so you can quickly get the help you need.
Don't Talk About the Accident on Social Media
Resist the urge to talk about your accident on social media. As a general rule, you should only talk about your premises liability accident with your attorney. So, try to avoid discussing your premises accident on social media.
Contact an Orlando Premises Liability Lawyer
We recommend you contact an Orlando personal injury attorney immediately after your premises liability accident. That way, you can be sure you have someone to fight for you and protect your rights. At Spetsas Buist PLLC, our personal injury attorneys offer free consultations to victims of premises liability accidents.
How Might the Insurance Company and Property Owner Try to Fight Your Premises Liability Claim?
Insurance companies and property owners want to pay as little as possible, which is understandable. Thus, when you bring a premises liability claim, they will often try to attempt to shift the blame to someone else or get your claim dismissed. Below are some of the common defenses asserted by property owners and insurance companies
The Victim Assumed the Risk
Assumption of the risk is a legal doctrine that prevents individuals from recovering damages in a personal injury claim if the individual voluntarily exposed himself or herself to a known danger. Essentially, the property owner or insurance company is arguing that the victim knew about the risk and did what they did anyway.
The Property Owner Didn't Know About the Danger
Property owners may argue that they didn’t know about the hazard or danger on their property that caused the victim harm, and so it’s not their fault the victim got hurt.
It Was the Victim's Fault
When a property owner claims that the victim was negligent, the legal defense is called comparative negligence. Essentially, the defendant is arguing that it shouldn’t have to pay all the victim’s damages because the victim was also at fault. Thus, the landowner is essentially arguing that the victim should share some of the responsibility.
The Victim Trespassed on the Property
Property owners do not owe the same legal protections to trespassers as they do to people the owner invited or people who enter the property to conduct business. An exception is an attractive nuisance, which is where children are drawn to the property and injured by a hazard that the owner should have known would attract children.
These are just some of the arguments insurance companies and property owners might assert to deflect blame and get out of compensating victims. Contact an Orlando premises liability attorney to help you fight these defenses and get you the money you deserve.
Do You Need to Speak to an Experienced Premises Liability Attorney?
When you’re facing a financial burden caused by another party’s negligence, you need an attorney who will fight for you like family. Spetsas Buist is based in Orlando but serves clients in all of Florida, as well as in South Carolina and North Carolina. Contact us today to schedule your free consultation.