Plantation, FL Premises Liability Lawyers Who Demand Justice

Our attorneys hold negligent property owners and managers accountable

Were you injured in an accident on someone else’s property? It is the responsibility of the property owner to ensure that the grounds are safe and to take the precautions necessary to prevent injuries to visitors. If an owner fails to do so and you are injured on their property, you may be eligible to recover damages through an injury claim or lawsuit.

A skilled Plantation, FL premises liability lawyer can help you get the financial compensation you deserve. At Feingold Posner Draizin, we fight for the injured throughout Broward County and know what it takes to get results. We build strong cases and fight back against insurance company attempts to pay you less.

Premises Liability FAQ

Can the insurance company deny my claim?
The insurance company called and offered a settlement. What should I do?
Should I hire a premises liability lawyer?
How much does a premises liability lawyer cost?
Who are possible defendants in a Plantation premises liability claim?

Common premises liability accidents

While all premises liability law relies on negligence as its basis, there are a wide range of cases that could fall into this category.

Slip and falls

This is by far the most common premises liability accident. A property owner or someone who has control over it does not take the appropriate care to keep passageways and common areas hazard-free for people invited onto the property. While some dismiss slip and falls as minor incidents, they can cause serious injuries. Neck and back injuries can stay with you for the long term, and hitting your head could cause a traumatic brain injury.

Construction site falls and debris

If you are a passerby, you could file a lawsuit if you sustained injuries due to debris falling from a construction site or something that is left in a public passageway. Construction sites often encroach onto sidewalks, and the contractor assumes liability if their equipment or debris injures people. Construction workers injured on the job can’t sue their employer but can file a lawsuit if a third party, such as another contractor, was negligent.

Hotel accidents

Hotels are another common area where people suffer injuries. Types of hotel premises liability accidents include:

Broken plumbing causing you to be burned by hot water
Frayed carpet, causing you to trip and fall
Suffering an assault as a guest in the hotel
Injuries coming from electrical outlets and devices
Leaving hazardous materials in the rooms and halls
Construction or maintenance equipment injuring people in common areas
Failing to secure the premises with working locks and security

In a premises liability lawsuit, the hotel owner and operator can be legally liable for the safety of their guests.

Dog bites

In Florida, strict liability is the law for dog bites. So long as you had a right to be where you were, the dog owner would be liable for your injuries. The dog’s history and whether they bit before do not matter at all. In Florida, there is no “one free bite” for dogs. The only way that a dog owner might try to defend themselves against a lawsuit is by claiming that the victim provoked the dog. Otherwise, so long as you were not trespassing, you deserve financial compensation.

Elevator and escalator accidents

For premises liability purposes, an escalator and elevator are part of the grounds. A building or store owner has a responsibility to continuously inspect and maintain these because they can be very dangerous when they malfunction.

Elevators can:

Fail to level at a floor
Drop suddenly
An abrupt stop
Fail to completely close, causing someone to fall into the elevator shaft

Escalators present these risks:

Sudden stops and starts
Hands and feet getting trapped in gaps
Slippery stairs causing falls

Swimming pool accidents

Anyone who invites you to swim in their pool could be liable when you are hurt. This includes friends with backyard pools and establishments such as hotels and amusement parks. Types of accidents that happen at swimming pools include slip and falls, diving accidents, and near-drowning injuries.

Playground accidents

Every year, children end up in the emergency room from playground injuries. While some of these are unavoidable falls, others happen because the playground or equipment is poorly maintained. The playground owner, whether it is the municipal government, school system, or building owner, must take reasonable care to keep the playground in a safe condition. The person charged with supervising the child and their employer could also be held liable in some cases.

Electrical accidents

Stores or homes could be carelessly wired, causing electrocution and burns. Businesses need to properly enclose exposed wires and not allow their customers to come into contact with outlets. Landlords need to keep the electrical outlets and wiring on their property in good repair.

Parking lot accidents

Even though the parking lot is outside a store or a building, it is still part of the premises. In fact, this is where many accidents happen. While the property owner may not be liable for car accidents in its parking lots, they can be responsible when something else happens to you in their lots. This includes being physically attacked and tripping and falling on the pavement.

Contact a Plantation premises liability lawyer today

If you were injured in an accident on someone else’s property, let’s talk about what happened. One of our attorneys can discuss your options with you and let you know what to expect from the legal process. We used to represent insurance companies and know how they operate. We’re ready to fight on your behalf to recover the compensation you deserve for your injuries.

We can help put your mind at ease. Contact us today to schedule a free consultation. There’s no obligation. We just want you to have the information you need to decide what to do next.

Can the insurance company deny my claim?

The insurance company may try to deny your claim, but it is not the final decision-maker. Some of the reasons they may use for a denial include:

They believe that you were at fault for the accident.
They think that there is insufficient proof to show that someone else was responsible.
They do not believe that you were injured or that your injury was connected to the accident.
The claim is not adequately documented or failed to follow their requirements.

You can challenge the insurance company’s denial. If they do not pay the claim, you can file a lawsuit, and the jury will decide whether you are entitled to money. That’s why you should have an attorney to handle the claim on your behalf. The insurance company may deny the claim, but it may not always stand up in court.

The insurance company called and offered a settlement. What should I do?

The insurance company is motivated to settle your claim early. The liability for your accident may be very clear, and now they are thinking about their own finances. They have actuaries and adjusters on their side who know the value of your claim to the dollar. You need this information, too, and you will not have it without an attorney who can evaluate your case.

You do not have to accept whatever the insurance company offers. You are in negotiations with them because you have the legal right to compensation. If the insurance company does not offer enough, you have the legal right to file a lawsuit. Therefore, if the settlement offer is inadequate, you have every right to reject it and file a demand of your own.

Usually, an entire negotiation process must occur before your claim settles, and it often does not happen on the first settlement offer. Counteroffers are a part of the process since the insurance company seldom makes its best offer first.

Should I hire a premises liability lawyer?

Premises liability cases are not always easy to prove and win. While the standard for negligence is the same as any other personal injury case, what is considered unreasonable is a little different in a premises liability case. Unless you are dealing with something straightforward like a dog bite, you would usually need to show that the property owner knew or should have known of the dangerous condition. Insurance companies deny premises liability claims at a higher rate than things like car accidents, so you need a lawyer to gather the evidence and prove that someone else was negligent.

Beyond that, you also need someone who knows the value of your claim. For example, a $50,000 settlement is counterproductive when your claim can be worth twice as much. The insurance company knows that full well, and everything that they do is to give you less than they should. A lawyer is your protection against someone compromising your legal right to compensation when someone else is at fault for your injuries.

How much does a premises liability lawyer cost?

Nothing upfront. One of the first questions we hear is how we receive payment for our time and services. Our clients are going through a difficult financial time, and money is tight. They do not have the funds to pay a retainer to a lawyer. The good news is that you do not have to do this. Personal injury law recognizes that people have uncertain cases with limited money available. If you had to pay a lawyer hundreds of dollars an hour, you would never be able to afford to take the steps necessary to get compensation.

Your lawyer shares in the risk of your case, as they do not receive any payment in the beginning or even during your case. In fact, we only get paid if you receive a settlement or a jury award. Our fee is a set percentage of your recovery.

Without a lawyer, you run the risk of blindly settling your claim for less than its value, and you would never even know. That you pay nothing out of your pocket should make getting legal help one of the easiest decisions you will ever make.

Who are possible defendants in a Plantation premises liability case?

Depending on who was responsible, here are some of the possible parties that you may sue in your case:

A landlord
The property management company
A retail establishment
A restaurant or bar
A university or school (especially if you suffered an attack on campus)
The City of Plantation

Our lawyers work to figure out who caused the injury. In some cases, we can find more than one possible defendant, and you may be able to sue multiple defendants.