Delray Beach Premises Liability Lawyer
Premises liability law is a specific area of personal injury law that allows an injured person to file a claim for compensation after getting hurt on someone else’s property. Property owners, as well as anyone in control of property such as a tenant or property manager, have a duty to use reasonable care to prevent people who are on the property from suffering avoidable injuries. Generally speaking, a property owner has a duty to remedy unreasonable hazards or to warn people about such risks.
If you were injured on another party’s property, you could be eligible to file a premises liability claim. One of our Delray Beach premises liability lawyers can assist you.
Common Types of Premises Liability Law Claims in Delray Beach
There are many different types of accidents and incidents that give rise to premises liability lawsuits. Some examples include:
- Slip, trip, and fall accidents;
- Swimming pool accidents;
- Inadequate security cases;
- Inadequate maintenance; and
- Elevator or escalator accidents.
Premises Liability in Delray Beach Business Establishments
Florida has a particular premises liability statute pertaining to slip and fall accidents in businesses. Under this Florida law, if a person “slips and falls on a transitory substance in a business establishment,” then that injured person “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” In other words, if you slipped and fell on a liquid spill, you will have the burden of proving that the business had “actual or constructive knowledge” of the hazard.
Actual knowledge means the business knew about the hazard. How do you show constructive knowledge? The statute says a plaintiff can prove constructive knowledge in one of two ways:
- Proving that “the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition”; or
- Proving that “the condition occurred with regularity and was therefore foreseeable.”
Getting Your Delray Beach Premises Liability Lawsuit Filed in a Timely Manner
Premises liability lawsuits, like other personal injury lawsuits, have a particular statute of limitations. The Florida statute of limitations for most premises liability lawsuits is four years from the date of the incident that resulted in your injury. For example, if you slipped and fell on May 1, 2020, you would have four years from that date to file a lawsuit. If you do not file a claim within that time window, your claim will become time-barred.
You might be thinking that you can wait to talk to a lawyer because four years is a long time. You should keep in mind that waiting too long can result in valuable evidence being lost that could help you to win your case. Moreover, the sooner you seek legal advice, the sooner you may be able to receive financial compensation.
Contact Our Delray Beach Premises Liability Attorneys Today
Whether you slipped and fell inside a retail establishment or got hurt while vacationing at a hotel or motel in Delray Beach, you could be eligible to file a premises liability lawsuit. It is important to seek advice from a Delray Beach premises liability lawyer who can assist with your case. Contact Scott Smith Injury Law for more information about getting started on your claim.