Tampa Premises Liability Lawyer

What Exactly Is a Premises Liability Case?

Premises is another word for property. A premises liability case involves a guest or invited visitor getting injured on either a commercial or residential property.

When evaluating a premises liability claim in Tampa, we need to understand a few things about the situation, including whether it resulted from the owner’s negligence. The victim’s legal status as a visitor at the time of the incident is another determining factor.

Florida law establishes different levels of responsibility for owners based on why you were on their property.

Invitees

Individuals who enter a property with explicit or implied permission for mutual benefit are considered invitees, such as shoppers, restaurant patrons, and business clients. Workers hired by the property owner, such as a landscaper or electrician, to maintain the property would also be considered invitees.

Property owners must maintain the highest standard of care for invitees by conducting regular safety inspections, promptly addressing hazardous conditions, and providing adequate warnings about any unresolved dangers. This is why in your local grocery store, for instance, you may see the owner put up a warning sign about a wet floor.

Licensees

Licensees, as defined by property law, is someone visiting the property as a social guest, such as a friend stopping by for a visit. Property owners must still notify licensees about known dangers that are not visible, obvious or immediately apparent. However, their legal duty is less than for an invitee in that they do not have to actively inspect the property to discover unknown issues.

Trespassers

Trespassers are individuals or groups entering a property without permission of the owner, such as a salesperson entering a property where there is a clear “no soliciting” sign. Another example might be someone climbing over your fence and entering your backyard without your knowledge or consent.

Property owners generally have minimal obligations toward trespassers. However, they cannot deliberately create dangerous situations intended to cause someone harm. When trespassing is common or anticipated in certain areas, property owners may need to provide some form of hazard notification.

Attractive Nuisance (Child Trespassers)

Florida law applies special considerations for children through the “attractive nuisance” doctrine. When properties contain features particularly appealing to children—such as uncovered pools, accessible machinery, or abandoned appliances—owners must implement reasonable safeguards to protect curious minors, regardless of their unauthorized entry status.

Understanding your legal classification at the time of injury is crucial, as it substantially influences the property owner’s responsibility level in your premises liability claim.

How Do I Know If I Have a Premises Liability Case in Tampa?

A knowledgeable attorney who specializes in premises liability can assess the circumstances of your situation and determine your legal options. You will need to explain what happened and provide key details. When discussing the incident that injured you, it is important to be completely honest, even if you think you might have been partially at fault.

At Suli & Martinez, we examine every factor that contributed to the incident and your injuries. We recognize that every case is unique, and every injured victim deserves focused attention.

As with any injury claim, the burden of proof falls to the victim, so you or your lawyer must be able to establish these legal elements:

• Duty of Care: The property owner must have had a duty to maintain a safe environment for visitors.
• Breach of Duty: The property owner must have knowingly been negligent in fulfilling that duty, such as by failing to fix known hazards or provide warnings.
• Causation: The unsafe condition must have directly caused the incident that injured you.
• Damages Resulted: You sustained actual damages, like medical costs or property damage, as a result.

How Much Is a Premises Liability Claim Worth?

The value of any potential case depends on the circumstances of how the incident occurred, the severity of the injuries, and many other factors. Someone with a severe fracture, requiring surgery and a long recovery time, likely has a more valuable case than another individual who has surface wounds that heal in weeks.

Every case must be assessed and valuated to ensure victims are compensated for their damages. Both economic and non-economic damages are considered. Economic damages are easier to calculate and prove, like medical bills, repair costs, or lost wages. Non-economic damages include harder to measure, such as pain and suffering, scarring, or loss of enjoyment.

Our Tampa attorneys carefully evaluate each element of your claim, from hospital bills to long-term rehabilitation costs. Generally, the types of compensation you may be able to recover include:

• Medical Expenses: All related medical costs, such as your emergency care, diagnostic testing, surgery, medication, physical therapy, and future medical needs, are considered.

• Lost Income: Wages lost while recovering, plus reduced future earning capacity.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Property Damage: Replacement or repair of personal items damaged in the incident.
• Permanent Disability: Additional compensation for lasting injuries that affect quality of life.
• Household Services: Costs for assistance with everyday tasks you can no longer perform.

Do I Need a Lawyer to File a Premises Liability Claim in Florida?

You do not need legally need a lawyer to file a premises liability claim. However, your case may greatly benefit from having an attorney fighting to protect your rights and recover the compensation you deserve.

An attorney can optimize the outcome of your claim by:

• Helping you avoid errors that could damage your credibility and your claim
• Ensuring you do not miss key filing deadlines
• Communicating with insurance companies, the defendant’s attorneys, and other third parties on your behalf
• Securing photos, medical records, witness statements, and other key evidence that supports your claim
• Keeping you informed about your case and preparing you for each phase
• Investigating your case, the property, and events that led up to the accident that caused you harm
• Negotiating the maximum possible compensation for medical costs, lost wages, and other damages

Evidence That Supports a Claim of Premises Liability

Part of proving a premises liability case involves gathering evidence that not only clearly establishes property owner negligence but also connects that negligence to your injuries.

At Suli & Martinez, our Tampa premises liability lawyers work diligently to gather documentation that demonstrates how the property owner knew or should have known about the dangerous condition and failed to address it properly.

• Surveillance Video: Many properties have footage that may have captured the accident as it occurred.
• Incident Reports: Official documentation you filed with the property management or owner.
• Photographs: Images of the hazardous condition taken immediately after the accident.
• Witness Statements: Testimonies from people who observed the accident or the dangerous condition.
• Maintenance Records: Documentation showing neglect or failure to address known issues.
• Medical Records: Documentation from your ER visit linking your injuries directly to the accident.
• Property Inspection History: Records showing prior warnings or citations for safety violations.
• Weather Reports: Official records for cases involving slippery conditions from rain or other weather factors.
• Expert Testimony: Professional opinions from safety specialists or medical experts.

What Are the Common Causes of Premises Liability Accidents?

Premises liability accidents can occur when property owners fail to maintain safe conditions, putting innocent visitors at risk. Here are the most common causes of premises liability accidents in Tampa:

• Fire Safety Violations: Missing smoke detectors, blocked exits, or faulty electrical wiring increase the risk of burns and smoke inhalation injuries
• Wet Floors: Spilled liquids, recent mopping, or leaking pipes create slippery surfaces that cause devastating falls.
• Poor Lighting: Inadequate lighting in stairwells, parking lots, and walkways prevents people from seeing hazards clearly, leading to trips and falls.
• Uneven Surfaces: Cracked sidewalks, loose floorboards, and unexpected steps create dangerous tripping hazards for unsuspecting visitors.
• Negligent Security: Insufficient security measures like broken locks, malfunctioning cameras, or inadequate staffing leave people vulnerable to criminal attacks.
• Falling Objects: Improperly stored merchandise, loose ceiling tiles, or unstable shelving can cause serious head and body injuries when items fall.
• Swimming Pool Hazards: Unmarked shallow areas, broken pool equipment, or lack of proper fencing create dangerous conditions, especially for children.
• Dangerous Pets: Unrestrained or aggressive animals on a property can attack visitors, causing severe injuries and emotional trauma.

What Types of Injuries Are Typical in a Premises Liability Accident?

Depending on the nature of the accident, premises accidents can cause many types of injuries, ranging from minor to severe. These injuries can have lasting impacts on a victim’s health and well-being.

Broken Bones and Fractures

Falls or being hit by falling objects often lead to broken bones or fractures, which may require surgery and result in long recovery times.

Head and Brain Injuries

Falls can cause serious head injuries, including concussions or traumatic brain injuries, which can have long-term effects and may even affect a person’s cognitive function permanently.

Back and Spinal Cord Injuries

Accidents involving slips or falls may cause severe back or spinal cord injuries, which can lead to chronic pain or paralysis.

Soft Tissue Injuries

Injuries like sprains, strains and bruises are common from falls, especially when a person twists or lands awkwardly during an accident.

Cuts, Lacerations, and Abrasions

Sharp objects or rough surfaces can cause cuts and abrasions, sometimes resulting in infection if the wound is not properly treated.

Emotional and Psychological Injuries

Accidents can also lead to emotional trauma, including anxiety, depression or post-traumatic stress disorder, which can significantly affect the victim’s quality of life.

What Should You Do If You Are Injured on Another Owner’s Property in Tampa?

Taking immediate action after a premises liability accident helps to protect your health and legal rights. Follow these critical steps if you get injured on someone else’s property in Tampa:

• Seek Medical Care: Visit a doctor immediately, even for seemingly minor injuries, as some symptoms may appear days later.
• Document Everything: Take photos of the accident scene, as well as your injuries and the hazardous conditions that caused your fall or injury.
• Report The Incident: Notify the property owner, manager, or supervisor about what happened and ensure they create an official incident report.
• Gather Witness Information: Collect names and contact details from anyone who saw your accident happen.
• Preserve Evidence: Keep the clothes and shoes you wore during the accident, and don’t wash or repair them before consulting an attorney.
• Avoid Recorded Statements: Never give recorded statements to insurance companies without speaking to your lawyer first.
• Contact A Tampa Premises Liability Attorney: Call an experienced lawyer who understands Florida’s complex liability laws and can fight for your fair compensation.
• Follow Your Doctor’s Instructions: Complete all recommended treatments and attend every follow-up appointment to demonstrate the seriousness of your injuries.

Our Tampa Injury Law Firm Is Ready to Guide You Through the Legal Process

If you were injured on someone else’s property, getting the right legal help plays a major role in securing compensation.

At Suli & Martinez, we understand how overwhelming these situations can be and are here to guide you through each step of the process. Our team is committed to providing personalized attention and working tirelessly on your behalf.

Contact our office today for a free consultation. We will listen to your story, answer your questions and explain your legal options.

Call Suli & Martinez today: (813) 592-0000