North Tampa Premises Liability Lawyer
With regard to passenger safety, most commercial operators in Florida have a duty of utmost care. They must do their best to ensure that their passengers are picked up, transported, and dropped off safely. As outlined below, most property owners have a similar duty to most visitors. For example, owners must adequately maintain swimming pools, control their dogs, and take care of uneven walkways or other fall hazards.
The experienced North Tampa premises liability lawyers at the Rinaldo Law Group routinely handle these complex matters throughout Florida. So, we know all the evidentiary and procedural rules in all courts. That includes the written and unwritten directives. As a result, we are able to boldly stand up for your legal and financial rights. We bring all our experience and skill to bear in every case.
Examples of Premises Liability
Basically, premises liability is any non-vehicle injury which occurs away from home. Job-related injuries are in a special category, largely because of Florida’s revamped workers’ compensation law. Some common premises liability examples include:
- Falls: These injuries are especially common, and especially serious, among older people. Mostly because of poor eyesight or muscle coordination, most nursing home residents fall at least once. Because these victims usually have pre-existing conditions, their injuries are usually serious.
- Swimming Pool Injuries: A few minutes below the water could cause permanent brain damage. Frequently, the damage is so severe that victims essentially become prisoners in their own bodies. Chemical injuries are common as well. Too much chlorine or other toxic cleaning chemicals could cause chemical burns. Too little could allow dangerous bacteria to grow and multiply.
- Dog Bites: Florida has limited strict liability law which holds owners responsible for bite injuries. Other available theories include negligence, which as discussed is a lack of care, and scienter (knowledge), which is the failure to restrain a dangerous animal.
Our professional team also handles a number of negligent security claims. Assaults and sexual assaults are the most common types of negligent security cases.
The responsibility in these cases usually includes paying compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Victims need and deserve this compensation so they can put their lives back together following a serious injury.
Establishing Your Damage Claim
Most premises liability claims are basically two-part claims. First, a judge must determine what legal duty applied. Then, jurors must determine if the owner knew, or should have known, about the hazard which caused injury.
Generally, victims are invitees in Florida. These individuals have permission to be on the land and their presence benefits the owner. Because the relationship between owner and victim is so close, the owner’s legal duty is rather high. Owners owe lesser duties if the victim was a licensee (permission but no benefit) or trespasser (no permission or benefit).
Victim/plaintiffs must establish actual or constructive knowledge (should have known) by a preponderance of the evidence (more likely than not). Some cases include smoking guns, like repair estimates or “cleanup on aisle three” announcements. Other claims rely on the time-notice rule. If a sufficient amount of time has passed, the owner should have known about the wet spot or other hazard and should have addressed the problem.
Contact a Hard-Working Hillsborough County Lawyer
Injury victims deserve fair compensation for their serious injuries. For a free consultation with an experienced North Tampa premises liability attorney, contact the Rinaldo Law Group. We do not charge upfront legal fees in these matters.