Bradenton Premises Liability Lawyer

When you’re hurt on someone’s property because it was unsafe and proper precautions weren’t taken, it’s considered premises liability. A lawsuit holds the other party responsible and compensates you for your medical expenses, loss of wages, and pain & suffering. In the unfortunate situation where there were the injuries were fatal, your beneficiaries may bring a wrongful death claim relating to the slip and fall/trip and fall accident, or other negligent premises liability situation that ended tragically in death.

Importantly, such cases have become much harder to pursue following the passage of House Bill 837 on March 24, 2023. This is due to the changes in the negligence statute which transitioned Florida to a Modified Comparative Negligence state. Under this new standard, an injured individual can only recover damages if their percentage of fault for the accident does not exceed 50%. This is problematic for this type of case given that comparative fault is always a hurdle to begin with. Nevertheless, our attorneys have continued to successfully prosecute, litigate, and settle such claims following the passage of House Bill 837.

Another obstacle relating specifically to premises liability cases relates to cases involving transitory substances, i.e. puddles or other materials on the floor of a business which cause a person to fall. In these types of cases, not only do you have to show that the individual was less than 50% responsible for their injuries, you must also prove that the premises owner or possessor either knew or should have known of the condition within a reasonable time before an incident occurs. Case specific circumstances must be analyzed to determine whether actual or constructive knowledge of possessor of the premises can be established.

At Legler, Murphy & Battaglia, LLP, we are experienced premises liability lawyers, and we will fight for justice for you.

How Do I Know if I Have a Premises Liability Case?

If you were recently injured on someone’s property because of unsafe conditions, and you have evidence to prove the property owner did not take the necessary precautions–you may be entitled to compensation for your losses.

Premises Liability Lawsuits Often Involve:

• A slip and fall/trip and fall accident caused by improperly maintained premises
• A transient condition in a place of business such as a puddle of water on the floor of a grocery store, a wet carpet, or a raised tile which causes an individual to fall and sustain injury
• Negligent security causing an injury or sexual assault
• A dog bite or attack
• Poor lighting, fire hazards and unstable buildings that cause injury or death
• Public pool hazards that cause accidents
• A lack of maintenance on a property, leading to dangerous conditions
• Amusement park ride injuries
• Conditions which cause injury and violate County specific Codes or Statewide Building Codes
• Any condition which creates an unsafe condition on a premises where an individual has a right to be present

How Do You Define Negligence?

A property owner is responsible for providing a duty of care to visitors of the property. When that is violated, and someone is injured–it may be a case of the property owner’s negligence.

Not all injuries that take place on someone else’s property are grounds for a premises liability lawsuit, and it can be difficult to prove a property owner’s negligence. That’s why you need a qualified premises liability attorney to review the evidence and information you have and help you determine if you have a strong case for a premises liability lawsuit.

Evidence We Will Need to Help You:

• Records of your injury–medical reports, x-rays, and paperwork detailing your diagnosis
• Witness statements of the accident
• Any proof you have that the property owner was negligent
• Photos of the accident and of the hazards that caused the accident

Whatever your situation, you or your loved one should have been protected from harm, and the property owner had a responsibility to provide a safe environment for you.

Were You Recently Hurt on Someone Else’s Property?

Talk to a Sarasota and Bradenton Premises Liability Attorney Today.

Protect your rights when you are injured. To schedule a free consultation with a lawyer at Legler, Murphy & Battaglia, LLP, call one of our Florida offices: Bradenton at 941-909-3763 | Sarasota at 941-366-3782 | Lakewood Ranch 941-251-1370 | Venice 941-202-4129 You can also contact us online.

If you are injured or recovering, let us come to your home, the hospital or another convenient location.

There are no fees or costs until and unless we achieve a successful outcome in your case.