man falling on stairs

If you were seriously hurt on someone else’s property, there’s a good chance you have grounds for legal action. Under premises liability law, owners (and by extension occupiers) are expected to maintain their properties to a reasonably safe standard. Should they fail to do so, those who get hurt as a result can usually sue for damages.

In order to secure an actual payout, though, claimants must put together a convincing case. They must also prove a few critical elements, which you can learn about below.

As long as all of the following applies to your situation, you can likely proceed with a viable claim:

1. You Were Not Trespassing at the Time of the Accident

Property owners generally don’t have a duty of care to trespassers. That means if you were not legally allowed to be on the property when you got hurt, you probably don’t have grounds for a claim.

An exception applies to attractive nuisances, which are features or objects that are likely to draw children onto the property. Examples include abandoned appliances, trampolines, and swimming pools. If a child gets hurt while playing on an attractive nuisance, the owner can be held liable, even if the child was trespassing at the time.

2. You Were Hurt by a Hazard That Shouldn’t Have Existed

Premises liability claims are founded on negligence, which refers to a breach of the duty of care. If the accident in which you were hurt was merely a fluke that couldn’t possibly have been anticipated—or prevented—your case isn’t going to have legs.

If, on the other hand, you were injured by a hazard that the owner knew about (or should have known about) but failed to address, you can probably make a case for negligence. Some of the most common hazards that warrant premises liability claims include:

  • Discreet thresholds,
  • Wet floors,
  • Uneven steps,
  • Loose railings,
  • Inadequate lighting, and
  • Poor security.

3. You Incurred Actual Damages as a Result of Your Injuries

If you did not suffer any losses in the wake of accident, you won’t be able to make a case for damages and, consequently, you won’t have grounds for a claim. Thankfully, Florida tort law recognizes both economic and non-economic damages, so if you sustained more than a minor bruise or two, there’s a good chance you’re entitled to compensation.

You can include the following damages in your premises liability claim:

  • Emotional distress,
  • Diminished quality of life,
  • Pain and suffering,
  • Medical expenses,
  • Lost income,
  • Loss of future earnings,
  • Home and vehicle modifications,
  • Replacement services, and
  • Property repairs.

Speak with a Tampa Premises Liability Attorney

If you need help taking action against a negligent property owner, turn to Capaz Law Firm, P.A. Our compassionate personal injury team always goes the extra mile for our clients, and we’ll use all the resources at our disposal to help you pursue the compensation you deserve, too. To schedule a free case review with a premises liability lawyerin Tampa, call 813-551-3907 or submit our Contact Form.