Tampa Premises Liability Attorney

Ready to Hold Property Owners Liable for Dangerous Conditions on the Premises in Florida

If you or a loved one has suffered an injury due to a hazardous condition on someone else’s property, you may have the right to seek compensation. At Robert Sparks Attorneys, our experienced premises liability lawyers in Tampa are dedicated to protecting your rights and ensuring you receive the justice you deserve. Property owners & managers have a duty to keep their premises safe, and when they fail to do so, innocent people can suffer severe injuries.

Call (813) 710-4816 to discuss your case with our premises liability lawyer in Tampa.

What is Premises Liability in Florida?

Premises liability is an area of personal injury law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In Florida, property owners must maintain their premises in a reasonably safe condition and warn visitors of potential dangers. Whether it’s a slip & fall in a grocery store, inadequate security in an apartment complex, or a swimming pool accident, property owners can be held accountable for negligence. 

Premises liability cases can arise from both commercial & residential properties, including retail stores, hotels, restaurants, amusement parks, office buildings, and private homes. If a property owner fails to uphold their duty of care, they may be liable for injuries & damages sustained by visitors. 

What are the Elements of Proving Premises Liability?

To successfully bring a premises liability claim in Florida, you must prove the following elements:

1. Duty of Care: The property owner or occupier owed you a duty of care to maintain a safe environment.
2. Breach of Duty: The owner failed to maintain the property or warn of hazards, creating an unsafe condition.
3. Causation: The hazardous condition directly caused your injury.
4. Damages: You suffered actual damages, such as medical bills, lost wages, pain & suffering, or other losses.

Florida law also considers the status of the injured party when determining the duty of care owed by a property owner. Visitors are typically categorized as invitees, licensees, or trespassers, with varying levels of protection under the law. 

Common Types of Premises Liability Cases

Premises liability covers a wide range of accidents and injuries. Some of the most common types of cases our Tampa premises liability attorneys handle include:

• Slip & Fall Accidents: Slippery floors, uneven surfaces, or poor lighting can cause dangerous falls in stores, restaurants, and other public spaces.
• Trip & Fall Accidents: Uneven pavement, loose carpeting, and cluttered walkways can lead to serious injuries.
• Negligent Security: When property owners fail to provide adequate security, leading to assaults, robberies, or other crimes.
• Swimming Pool Accidents: Drowning or injuries caused by defective pool equipment or lack of proper safety measures.
• Dog Bites & Animal Attacks: Property owners may be held responsible if their pet attacks a visitor.
• Elevator & Escalator Accidents: Mechanical failures or improper maintenance can cause severe injuries.
• Construction Site Accidents: Visitors or workers injured due to unsafe conditions at construction sites.

Who Can Be Held Liable in a Premises Liability Case?

Several parties may be held responsible in a premises liability case, depending on the circumstances. Potentially liable parties include:

• Property Owners: Landlords, business owners, and homeowners can be held accountable for unsafe conditions.
• Property Managers: Those responsible for maintaining a property may be liable if negligence leads to an injury.
• Business Owners: If an injury occurs in a store, restaurant, or office building, the business owner may be responsible.
• Government Entities: If an injury occurs on public property, a city or municipality may be held accountable, though special rules apply to claims against government entities.

What Compensation is Available in a Premises Liability Claim?

If you have been injured due to a dangerous condition on someone else’s property, you may be entitled to compensation for:

• Medical expenses (past & future)
• Lost wages & loss of earning capacity
• Pain & suffering
• Disability & disfigurement
• Emotional distress
• Wrongful death damages (if a loved one was fatally injured due to unsafe premises)

Frequently Asked Questions

What Should I Do Immediately After a Premises Accident?

After ensuring safety and seeking medical attention, it's crucial to document the accident scene if possible. Take photographs of the hazard, any visible injuries, and the surrounding area. Report the incident to the property owner or manager, and ensure that an incident report is filed. Keep records of medical treatments and costs, and contact a premises liability attorney in Tampa to discuss your options. Prompt action is key to preserving evidence and strengthening your claim.

How Long Do I Have to File a Premises Liability Claim in Florida?

In Florida, the statute of limitations for filing a premises liability claim is typically four years from the date of the incident. For wrongful death cases, the statute of limitations is two years. However, exceptions may apply depending on specific case details. Consulting an attorney as soon as possible is advisable to ensure you meet all deadlines and preserve your right to seek compensation.

Can I File a Claim Even If I Partially Caused the Accident?

Florida follows a comparative negligence rule, allowing you to file a claim even if you bear some responsibility for the accident. Your compensation may be reduced proportionately to your level of fault. For instance, if you are found 20% responsible, your claim could be adjusted accordingly. A skilled attorney can help present your case to minimize perceived fault.

How Our Tampa Premises Liability Attorneys Can Help

Premises liability cases can be complex and require extensive investigation, expert testimony, and strong legal arguments. Our team at Robert Sparks Attorneys can help by:

• Investigating the accident: We meticulously gather evidence, including witness statements, photographs, and maintenance logs, to build a compelling case.
• Identifying all liable parties: By examining the specifics of your case, we identify any and all parties that may have contributed to the unsafe conditions.
• Negotiating with insurance companies: We leverage our experience to secure a fair settlement that accurately reflects the extent of your damages.
• Litigating in court if necessary: Should your case require it, our trial attorneys are prepared to advocate fiercely on your behalf to pursue maximum compensation.

We are committed to holding negligent property owners accountable and protecting the rights of injury victims. 

Call us at (813) 710-4816 to talk with one of our Tampa premises liability lawyers today.