West Palm Beach Premises Liability Attorneys
When an accident occurs and a person is injured, a claim for damages can be brought against the at-fault party, such as a dangerous driver. But whos liable for an accident that occurs as a result of a dangerous condition? If you have been harmed on the property of another person as a result of a hazardous or dangerous condition, you may have a premises liability claim for damages. At the office of Smith, Ball, Báez & Prather Injury Lawyers, our West Palm Beach premises liability lawyer can help you bring forth a claim and recover compensation.
What Is a Premises Liability Claim?
A premises liability claim is a type of civil action that holds the owner of a property liable for harm caused to others on their property when:
- A dangerous condition existed on the property;
- The property owner knew or should have known of the condition;
- The property owner failed to remedy the condition within a reasonable amount of time; and
- The condition was the proximate cause of the plaintiffs harm.
Examples of Premises Liability Claims
The types of accidents and injuries that may fall under the umbrella of premises liability actions is broad. Common types of premises liability claims include:
- Retail and grocery store accidents, including slip and falls and parking lot accident;
- Negligent security claims, such as incidents of assault, battery, and sexual assault;
- Slip, trip, and fall cases;
- Dog bite injuries;
- Swimming pool accidents; and
- Construction site accidents.
The Duty of a Property Owner
A property owner has a duty to maintain their property in a safe condition and to remedy any known hazards within a reasonable amount of time. So, if there is a broken elevator in a retail complex, the property owner has a duty to repair that elevator in a timely fashion, and to provide warning/notice of the problem until repairs can take place. This duty is extended to all those who are on a property legally, including both invitees and licensees. The duty is not extended to trespassers; instead, the only duty owed to a trespasser is to refrain from causing willful or wanton harm.
Statute of Limitations on Premises Liability Suits
If you have been harmed because a property owner failed to uphold the duty of care owed to you, you can bring forth a claim for damages for your economic and noneconomic losses. You must bring forth your action within the states statute of limitations, which is two years for premises liability claims. If you wait more than two years to file a lawsuit, you will be barred from recovery. We recommend meeting with an attorney as soon as possible to commence the process.
Call Our West Palm Beach Premises Liability Lawyers Today
Being harmed on the property of another is not only scary and sometimes life-changing, but also confusing you may not know what your rights are or who should pay for the harm you’ve suffered. At the office of Smith, Ball, Báez & Prather Injury Lawyers, our West Palm Beach premises liability lawyers have the experience youre looking for and are passionate about advocating for our clients.
If you think that you have a premises liability claim, please reach out to us directly for a free consultation and information about your rights and how we can help.