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Personal Injury and Workers’ Compensation Lawyers

What is Premises Liability?

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 941-748-5599 | 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.

 

Vanessa Castro Viera
Vanessa Castro Viera
November 3, 2023
I had the privilege of working with Kelli Martinez as my personal injury attorney, and I can't express enough how grateful I am for her exceptional guidance and support throughout the entire process. From the moment I first contacted her to the conclusion of my case, Kelli demonstrated an unwavering commitment to ensuring my rights were protected and that I received the compensation I deserved. I highly recommend her to anyone seeking legal representation for personal injury cases.
Jen Wiradilaga (SWFL Horses)
Jen Wiradilaga (SWFL Horses)
October 19, 2023
I am so pleased with the service and care Mr. Murphy has shown. Always has time for a phone call , emailed questions are answered so quickly , it is refreshing. I had guidance every step of the way. My Case was settled quickly and effectively. Everyone that is in this off is is exceptional! Thank you so much
amanda reese
amanda reese
October 17, 2023
Mr. Murphy and his team were amazing to work with. In a stressful situation they were on top of making sure I understood my options and walking me through the process when I’d stress out. He fought to make sure I was fairly treated and not just another person swept under the rug and forgot about. I highly recommend him if you ever need and hope to have a timely resolution and team that is top notch.
Ana Maria Araujo
Ana Maria Araujo
October 12, 2023
I am very grateful to Ed Murphy for accepting my case against work compensation, otherwise I wouldn't have had another doctor for a second examination and I would have been at home without being able to work again. I am thankful for all the work Ed and his assistant Jessica have done in my case. I am very happy with the service, every time I called I was treated very nicely by the front desk staff, Kelly. Thanks
Carlene Overacker
Carlene Overacker
October 6, 2023
I highly recommend Mr. Murphy. He immediately responded to the issues I was having with my workers compensation case. He reached out to me in a timely manner. I was always able to get ahold of him via the phone and emails. I never felt rushed in our meetings and conversations. He was professional and courteous. I am very satisfied how quickly I received my settlement.
Erica Aghoian
Erica Aghoian
September 22, 2023
I highly recommend contacting Ed Murphy with your worker's compensation case. From day one he took the time to explain all aspects of the case, listened to my questions and concerns, and kept me up-to-date as the case progressed. I believe he was able to achieve the best possible outcome with my case, and I couldn't be happier to have worked with him. I had never hired an attorney before, but he immediately put me at ease and had my trust. Great experience from start to finish!
Patricia Lara
Patricia Lara
September 12, 2023
I can't say enough how much help Ed Murphy was during such a difficult situation. From day one he was understanding and made us feel at ease. He helped us achieve the most positive out come in our law suit with workers comp. If you ever need assistance I highly recommend contacting Ed Murphy!
Trust Cleaning Inc
Trust Cleaning Inc
August 15, 2023
This message is for anyone who needs a good lawyer, I recommend Ed Murphy because he is a professional and patient person, he fights until the end of his case or any type of case, I recommend him to everyone 100% . there is no other attorney like ed murphy i just have to say thank you so much for helping me with my accident case.

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