Premises Liability  Help Is Just a Call Away

Delray Beach Premises Liability Attorneys

Dedicated to the Best Interests of Our Clients

Premises liability law is a specific area of personal injury law that allows an injured person to file a claim for compensation after getting hurt on someone else’s property. Property owners, as well as anyone in control of property such as a tenant or property manager, have a duty to use reasonable care to prevent people who are on the property from suffering avoidable injuries. Generally speaking, a property owner has a duty to remedy unreasonable hazards or to warn people about such risks.

If you were injured on another party’s property, you could be eligible to file a premises liability claim. One of our Delray Beach premises liability lawyers at Smith, Ball & Báez can assist you. Call (561) 500-HELP today to begin.

Common Types of Premises Liability Law Claims

There are many different types of accidents and incidents that give rise to premises liability lawsuits. Some examples include:

  • Slip, trip, and fall accidents
  • Swimming pool accidents
  • Inadequate security cases
  • Inadequate maintenance
  • Elevator or escalator accidents

Premises Liability in Business Establishments

Florida has a particular premises liability statute pertaining to slip and fall accidents in businesses. Under this Florida law, if a person “slips and falls on a transitory substance in a business establishment,” then that injured person “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” In other words, if you slipped and fell on a liquid spill, you will have the burden of proving that the business had “actual or constructive knowledge” of the hazard.

Actual knowledge means the business knew about the hazard. How do you show constructive knowledge?

The statute says a plaintiff can prove constructive knowledge in one of two ways:

  • Proving that “the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition”; or
  • Proving that “the condition occurred with regularity and was therefore foreseeable.”

Getting Your Premises Liability Lawsuit Filed in a Timely Manner

Premises liability lawsuits, like other personal injury lawsuits, have a particular statute of limitations. The Florida statute of limitations for most premises liability lawsuits is four years from the date of the incident that resulted in your injury. For example, if you slipped and fell on May 1, 2020, you would have four years from that date to file a lawsuit. If you do not file a claim within that time window, your claim will become time-barred.

You might be thinking that you can wait to talk to a lawyer because four years is a long time. You should keep in mind that waiting too long can result in valuable evidence being lost that could help you to win your case. Moreover, the sooner you seek legal advice, the sooner you may be able to receive financial compensation.

Whether you slipped and fell inside a retail establishment or got hurt while vacationing at a hotel or motel, you could be eligible to file a premises liability lawsuit.

It is important to seek advice from a Delray Beach premises liability lawyer who can assist with your case. Contact Smith, Ball & Báez for more information about getting started on your claim.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

We're Deeply Committed to Every Case
    If I could give them ten stars I would!!

    “The Law Offices of Smith & Ball were awesome from start to finish. They walked me through what was going to happen step by step. Communicated well all the time.”

    - Ryan S.
    Always available and kept my best interest at all times.

    “Marci Ball represented me when I got into a car accident. From the moment I entered her office, she treated me like family.”

    - Hector M.
    HIGHLY recommend Marci Ball and her staff.

    “I HIGHLY recommend Marci Ball and her staff. What a great team. I never felt like I was just a client.”

    - Courtney H.
    5 stars are not enough.

    “5 stars are not enough. Scott Smith and his Team will fight for you while you are healing and recovering.”

    - Astrid J.
    Scott and his team are truly amazing and will work hard for your rights.

    “Scott and his team are truly amazing and will work hard for your rights. From the time you walk in you are welcomed at the reception with a warm smile by Isabel, then the legal team in the back is always ready to help you.”

    - Juan L.
    These kind folks are highly recommended.

    “Scott Smith was very responsive to my case and kept me well informed about the progress that was being made on my behalf.”

    - Neal H.
    Working with Mr. Baez and Kimberly was a wonderful experience.

    “Working with Mr. Baez and Kimberly was a wonderful experience. Anytime that you need to enlist legal services there is a certain degree of uncertainty and anxiety.”

    - Kevin M.
    Nothing short of AMAZING.

    “If you are reading this there is no need to look any further! Nelson Baez, Kimberly Simpson, and the team have been nothing short of AMAZING.”

    - Darlene H.
    Vicki handled my case flawlessly.

    “Vicki handled my case flawlessly. Took care of all negotiations and made the process very easy for me, and ensured I received the most compensation possible.”

    - Cody K.
    Smith and Ball is unlike any other injury law firm!

    “Smith and Ball is unlike any other injury law firm! Marci and Scott set themselves apart from other attorneys not only in their work ethic, skill, and decades of experience but in their compassion and dedication to their clients!”

    - Andrea L.

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