Premises Liability Lawyer in Palm Coast, FL

No one expects to suffer a serious injury while visiting a grocery store, hotel, entertainment venue, or private property. Unfortunately, thousands of people are injured every year due to the negligence of property owners and managers.

If you have been injured in a Palm Coast accident that occurred on someone else’s property, you may have a right to pursue compensation for your medical bills by filing a premises liability claim. With a valid claim, you may recover money for your medical expenses, lost wages, and other accident-related losses.

For more than 40 years, Chiumento Law, PLLC has helped people in Palm Coast and throughout Flagler and Volusia counties move forward after serious injuries in premises liability accidents. To have our experienced Palm Coast premises liability lawyers review the details of your accident and discuss your legal options, call (386) 454-8900 or contact us online for a free initial consultation.

Filing a Premises Liability Lawsuit

In many cases, you can simply file an insurance claim with the property owner’s commercial liability insurance provider, homeowner’s insurance provider, or renter’s insurance provider.

However, if the insurance provider denies the claim or refuses to agree to a fair settlement to cover your injuries, you may need to file a premises liability lawsuit to pursue the full compensation you deserve.

If you were injured on another party’s premises, here are some simple steps you can take to protect your rights and establish a strong foundation for a premises liability lawsuit:

• Seek prompt medical attention to diagnose your injuries, obtain the treatment you need, and create an official record of your medical condition
• Follow your doctor’s care plan and attend all follow-up appointments
• Gather evidence from the accident scene, such as photographs, witness statements, and the clothing you were wearing when the injury occurred
• Keep track of all medical records, healthcare bills, pay stubs, and other documentation of your accident-related injuries and losses
• Avoid apologizing or admitting fault for the accident, providing recorded statements to the insurance company, or posting photos or comments about the accident or your injuries on social media while your case is pending
• Contact a knowledgeable Palm Coast attorney who can review your legal options and handle every aspect of filing a lawsuit for you if you have a valid claim.

What is Premises Liability?

The term premises liability refers to the area of civil law concerning property owners’ responsibility for injuries sustained by visitors to their properties.

Under Florida premises liability law, most property owners are required to keep their premises reasonably safe, perform regular inspections to identify potential hazards, and repair those hazards or warn visitors of the potential hazard. 

Property owners who fail to maintain their premises in a safe condition or to notify visitors of possible hazards or defects may be held financially responsible for injuries to visitors.

In a premises liability insurance claim or lawsuit, an individual who sustained an injury on someone else’s property may seek monetary compensation for their injuries and related losses.

If you were injured while visiting another party’s property, you will need to prove the existence of the following factors to obtain compensation in a premises liability case:  

• You were a legal visitor or licensee of the premises when you were injured
• Unsafe conditions or hazards existed on the property and contributed directly to your injuries
• Another person in your same situation would likely have sustained similar injuries on the property even while exercising reasonable caution
• The property owner knew or should have known that an unsafe condition, hazard, or defect was present on their premises and failed to warn visitors properly
• The negligent party was the legal owner, manager, or controller of the property where the injury occurred

Types of Premises Liability Cases

Many Palm Coast premises liability cases involve the following types of accidents:

• Slips, trips, and falls – Visitors can slip or trip and fall because of defective sidewalks, unattended spills, slick floors, uneven flooring materials, loose cords, and debris or obstructions in walkways.
• Unsafe stair accidents – Unsafe staircases and rotted steps can crumble or split under visitors’ feet, causing falls. Injuries can be even worse if safety railings are broken or missing.
• Electrical accidents – Faulty wiring, exposed circuitry, and damaged connectors can lead to dangerous electric shocks.
• Inadequate security incidents – When hotels, stores, parking areas, and other high-risk locations lack proper security lighting, visitors can sustain serious injuries from assaults, thefts, and other crimes.
• Poor lighting incidents – Inadequate lighting or burned-out lights may make it difficult for visitors to see where they are stepping, increasing the risk of a slip and fall or trip and fall accident.
• Dog bites and animal attacks – When property owners fail to restrain dangerous dogs or other aggressive animals, visitors can suffer serious trauma from bites and other animal attack injuries.
• Falling and flying object accidents – Unstable shelves, teetering stacks of merchandise, and unsafe equipment can cause objects to fall onto visitors, resulting in severe blunt-force trauma.
• Blocked fire escape incidents – If a property owner fails to keep the areas around their fire escapes clear, visitors can become trapped inside when fires or other emergencies occur, sometimes with deadly consequences.
• Unsafe elevator and escalator accidents – Poorly maintained elevators and escalators can result in sliding door injuries, falls, and electric shocks.

Common Premises Liability Injuries

When property owners fail to keep their premises properly maintained and free of hazards, visitors may become seriously hurt. At Chiumento Law, we frequently handle Palm Coast premises liability cases involving the following types of injuries:

• Traumatic brain injuries
• Facial injuries and permanent scarring
• Jaw injuries and dental trauma
• Back, neck, and shoulder injuries
• Spinal cord injuries
• Herniated discs
• Abdominal injuries and internal bleeding
• Hip pointer injuries
• Dislocated and broken bones
• Soft tissue strains, sprains, and tears
• Bruising, lacerations, and puncture wounds
• Thermal, friction, and chemical burns
• Electrical shocks and electrocution
• Traumatic amputations
• Post-traumatic stress disorder
• Wrongful death

If someone you love died because of fatal injuries sustained while visiting unsafe premises, you may have grounds to file a wrongful death lawsuit against the negligent property owner. The Palm Coast attorneys of Chiumento Law can review the details of your situation and outline your legal options during a free consultation.

The Property Owner’s Duty of Care

Florida property owners have an obligation to keep their premises reasonably safe and secure for legal visitors. They must repair hazards on their property and warn visitors of possible dangers as needed. However, property owners do not owe all visitors the same duty of care.

Here are the three legal classifications of visitors and the legal obligations a property owner owes to each:

• Invitees – An invitee is someone who has been explicitly or implicitly invited to enter a property, such as the social guest of a property owner or the customer of a business establishment. Property owners owe invitees the highest duty of care. Property owners can be held liable for any invitee injuries caused by hazards that the owner knew or should have known about.
• Licensees – A licensee is someone who visits a property for their own purposes, such as conducting unsolicited business, without any expressed or implied invitation from the owner. Property owners owe licensees a slightly lesser duty of care than invitees. Property owners are simply expected to warn licensees of known hazards and refrain from intentionally exposing licensees to danger.
• Trespassers – A trespasser is someone who unlawfully intrudes upon another party’s property. Generally, property owners are only responsible for not causing willful or wanton injury to trespassers. However, special rules may apply if the trespasser is a minor such as a young child who gains access to a neighbor’s pool, for example.

Premises Liability Law in Florida

If you believe you might have grounds for a premises liability claim in Florida, it’s important to understand two state laws that could affect your case.

The first is Florida’s comparative negligence law.

Under Florida’s comparative negligence doctrine, the value of your premises liability claim may lessen if the property owner can demonstrate that your own negligence contributed to your injuries. If you were found to be 25 percent responsible for an accident in which you suffered harm on someone else’s property, the maximum amount of compensation you could receive would be reduced by 25 percent.

The second law affecting a premises liability claim is Florida’s statute of limitations for premises liability cases. When it comes to premises liability lawsuits, you have four years from the date of the injury to file a lawsuit in court. If you fail to do so in time, you may lose your right to seek compensation. The court may dismiss your case.

Call Our Premises Liability Attorneys in Palm Coast, FL

The premises liability attorneys of Chiumento Law, PLLC provide full-service legal representation for injured Floridians in Palm Coast and Ormond Beach. We can help you understand your rights and discuss your legal options when you call us at (386) 454-8900 or contact us online for a free case review.