Premises Liability Attorneys

If you’ve suffered an injury at a business, store, or on someone else’s property, then you might be entitled to compensation. Our premises liability attorneys work to recover the compensation you deserve by proving that the property owner was at fault for your injuries.

At Battaglia, Ross, Dicus & McQuaid, P.A., we regularly help people injured in Florida get their lives back on track following a wide range of accidents, including, slip and falls, trip and falls, acts of negligence, dog bites, and wrongful death.

Premises Liability Attorneys Led by Experience

Our premises liability attorney team of Sean McQuaid, Jonathon W. Douglas and Aubrey Dicus are recognized by their peers, Florida courts, and the community as premier lawyers in Personal Injury Law. Sean McQuaid, Aubrey Dicus, and Jonathon Dougla are all AV Rated by Martindale-Hubbell and designated as Florida Super Lawyers, among some of their awards. The Firm also has had a long history of dedication to furthering its profession. Sean McQuaid is the President of the St. Petersburg Bar Association for 2020-2021 and Aubrey Dicus previously served in this role. Sean becomes the third member of the Firm to serve as Bar President.

The Law Firm, Battaglia, Ross, Dicus, & McQuaid, P.A. has been providing exceptional legal assistance to the Tampa Bay area for over 60 years and is ranked by US News and World Reports as a Tier 1 Law Firm.

If you or a loved one have suffered an injury on someone else’s property, contact us today for a free premises liability consultation.

What Is Premises Liability?

Property owners and businesses must keep their property reasonably safe and warn others of any dangerous hazards.

If you get injured because of a failure to maintain a property in a reasonably safe condition or warn you of a dangerous condition, then they are liable and at fault for your injury.

You can then make a personal injury claim under premises liability, where the property owner or insurance company pays you compensation for your pain and suffering, medical bills, and other damages.

In most cases, the cause is obvious but sometimes requires further investigation. A premises liability attorney will work hard to investigate potential causes, using industry experts, medical professionals and their own experience to prove you weren’t at fault.

You shouldn’t feel guilty for seeking compensation for an accident that wasn’t your fault. For example, if you slipped on a wet floor at a grocery store that had no warning signs posted – that’s not your fault. You should never fall at a grocery store or at a business and they carry insurance to cover these exact situations.

Examples of Premises Liability Cases

Our premises liability attorneys have expertise in a wide range of scenarios and injuries. Common examples include:

• Badly lit stairwells
• Broken or dangerous sidewalks
• Dog Bites
• Elevator or Escalator Accidents
• Faulty doors or windows
• Fires
• Inadequate handrails on stairways
• Negligent security measures
• Negligently displayed products
• Obstructions in pathways or stairs
• Poor Lighting
• Parking lot accidents
• Slippery floors
• Slip, trips or falls
• Swimming Pool Accidents
• Uneven steps on stairways

Common Premises Liability Injuries:

Injuries can range from minor to extremely serious. We’ve seen a wide range of premises liability damages, including:

• Broken bones
• Burns
• Cuts
• Death
• Electric shocks
• Head injuries (including brain damage)
• Neck injuries
• Paralysis
• Scarring & Disfigurement
• Spinal cord injuries

What Can I Receive Premises Liability Compensation For?

If it can be proven that the property owner was at fault for your injuries, then a premises liability attorney could help you receive compensation for the following damages:

Medical Bills

Victims may be able to collect compensation for medical bills resulting from the injury. Common examples include:

• Doctors visits
• Surgery
• Physical therapy
• Medication
• Future Medical care

Lost Wages

Victims might be able to be compensated for lost income or lost future income if they missed work because of their injuries.

Pain and Suffering

Victims may be able to collect compensation for emotional or physical pain they’ve suffered as a result of their injury. This is particularly common in scenarios involving surgery and scarring.

Wrongful Death

In the heartbreaking scenario where a person dies due to someone else’s negligence, then the family may be entitled to compensation as a result of a wrongful death lawsuit.

We understand that if you or a loved one has suffered injuries, then you’ll want to focus on recovering. That’s why we take care of the legal work so that you can rest with minimal stress.

Was the Property Owner Liable?

In Florida, the law (Fla. Stat. § 768.0755) states that the injured person must be able to prove that the property owner “had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”

So, for example, if you slipped in a supermarket, it needs to be proven that the business had time to identify this spill. If they had time, we ask, why didn’t they spot it and why didn’t they clean it up or put out a warning sign?

Our premises liability attorneys will work hard to find:

• Proof that the dangerous condition that caused the accident existed for a long enough time for the business or property owner to know about it.
• Proof that the dangerous condition should have been known about because it was foreseeable.

They will also need to prove:

• The defendant had control over the property.
• The defendant owed a duty of care to you.
• You were injured as a result of that negligence.
• Your injuries have caused you damages.

Levels of Care

The level of care a property owner must provide varies depending on the circumstances of the entry of the property. The most common circumstances are:

Business Invitees

• People who are on a property for business reasons.
• For example, anyone entering a grocery store, gas station or a plumber working in someone’s bathroom.
• Property owners must maintain reasonably safe conditions and give a clear prior warning of potential hazards.
• Owners may be liable for dangers that could have been foreseen.

Licensees

• People who are on a property for social reasons.
• For example, friends and family at a party or a neighbor visiting.
• Owners might be liable if a licensee was injured due to unsafe conditions or dangers that had no prior warning.
• Common examples include dangerous dogs, wet floors or trips in the yard.

Trespassers

• Even if trespassers have no permission to be on a property, any injury could still leave the owner liable.
• For example, if tripwires or life-threatening instruments caused an injury.
• The owner must warn the trespasser of unrecognizable dangers once the trespasser has been discovered on the property.

Children

• Special duty is owed to children and extra levels of care must be taken to ensure their protection.
• The ‘Attractive Nuisance Doctrine’ requires that all property owners take extra precaution over potentially dangerous property that may attract children.
• For example, a swimming pool or abandoned building should be locked.

Act Fast – Time Limit On Premises Liability Claims

Florida’s statute of limitations for personal injuries requires any claim to be filed within four years from the date of your injury.

That might seem like a long time, but the clock ticks fast when you’re negotiating with insurance companies, property owners and complicated paperwork.

Contacting a premises liability attorney fast will ensure your claim is filed within the deadline and give sufficient time to build a strong case.

What to Do If You’ve Been Injured on Someone Else’s Property:

• Seek medical attention.
• Take pictures, if possible, of the cause and location or ask someone else to.
• Keep any clothes or shoes you’re wearing aside as evidence.
• Obtain witness reports and contact information.
• Inform the property owner of the injury. If possible, file an incident report and ask for a copy.
• Immediately seek advice from a premises liability lawyer.
• Document all doctor’s notes and medical reports ASAP.
• Avoid speaking to insurance companies without a premises liability lawyer. Insurers aren’t working for you and will fight hard to avoid handing over money.
• Anything you say could be used against you, so working with a premises liability lawyer will help you avoid any costly mistakes.
• Insurers often offer low-ball settlements, which don’t allow you to cover your damages and recover adequately.

Premises Liability Statistics

• Unintentional falls are the leading cause of injury death among Florida residents aged 65+.
• Falls are also the fourth-leading cause of injury death overall.
• Hip fractures occur in 25% of fall-related deaths and 32% of non-fatal fall hospitalizations.
• Traumatic brain injuries occur in 61% of fall-related deaths and 13% and non-fatal fall hospitalizations.

Free Consultations With Premises Liability Lawyers

At Battaglia, Ross, Dicus & McQuaid, P.A, we understand the difficult time you might be having. We work to ensure every injured person receives the highest possible compensation for their damages.

We offer free consultations for anyone in need of a premises liability attorney. Call Sean McQuaid, Jonathon Douglas or Aubrey Dicus at (727) 381-2300 if you need legal assistance or have any questions.