A personal injury accident may leave you suffering physical pain as well as emotional trauma and financial devastation. You could have been injured in an “accident” under a virtually limitless number of circumstances. If those circumstances occur while you are on the property of another party, the owner, occupier, or controller of that property may be held legally liable for the injuries you sustained under the legal doctrine known as premises liability.
At Malik Law, our Orlando premises liability attorneys can review the details surrounding your injuries and explain whether you have a valid premises liability claim. Our experienced and dedicated team will advocate and litigate on your behalf if you were the victim of a premises liability accident to ensure that the responsible party (or parties) is held accountable and that you receive the maximum compensation available for all your injuries. Contact our experienced Orlando premises liability attorneys at Malik Law today by calling 407-500-1000 to find out how we can help you recover compensation for your injuries and suffering.
What Is a Premises Liability Accident?
Property owners (or occupants) in Florida owe visitors to the property a legal duty of care that can impose liability on an owner/occupier if the duty of care is breached and a visitor is injured. The scope of the duty of care owed to individuals depends on their classification under the law as an invitee, licensee, or trespasser.
In Florida, individuals designated as “public invitees” are entitled to the highest level of care. This classification applies when a property is accessible to the public and the owner or occupant stands to gain financially from visitors’ presence. Common examples of visitors that are classified as public invitees include diners at a restaurant, visitors to an amusement park, shoppers at a retail store, and guests at a hotel. “Public invitees” are entitled to the highest duty of care available under the law because the owner/occupier stands to gain financially from the visitor’s presence on the property. That duty of care allows an owner or occupier of property to be held responsible for injuries that occur because of known hazardous conditions as well as hazardous conditions that the owner should have known about and repaired.
Like an invitee, a licensee is on the property legally; however, they are there for their own purposes instead of being invited onto the property by the owner/occupier. Social guests and neighbors are good examples of people typically classified as licensees. The duty of care standard for a licensee requires property owners and occupiers to warn licensees of known dangers, but owners/occupiers are not required to regularly inspect the property, meaning the “hazardous conditions they should have known about” duty does not apply when the visitor is a licensee.
The third category of visitor is a trespasser, referring to visitors who do not have permission to be on the property. Property owners/occupiers are only obligated to avoid intentionally harming an adult trespasser. Note that the duty of care standard is different when a “trespasser” is a child.
What Are Some Common Examples of Orlando Premises Liability Accidents?
If you are involved in an accident that results in injury to you while you are on someone else’s property, you might have the basis for a premises liability lawsuit. Only an experienced Orlando premises liability attorney can review the specific details surrounding your injuries to determine if a property owner or occupier might be held legally liable for your injuries; however, some common examples of actionable personal injury accidents include:
- Slip and Fall: Liquid spills at a restaurant or obstacles left in an aisle in a retail store can cause a visitor to slip or trip, causing injury.
- Burns and Scalding: A restaurant patron might suffer serious burns or scalding when a waiter spills a hot drink or fails to warn a diner about a hot dish.
- Food Poisoning: If food is not properly stored or refrigerated, visitors to a hotel, restaurant, or amusement park might suffer food poisoning as a result.
- Exposure to Toxic Substances or Fumes: Guests at a hotel can inhale carbon monoxide, smoke, or a variety of other toxic substances if a property owner/occupier fails to properly maintain the premises.
- Assault: Failing to install and maintain sufficient lighting or failing to provide adequate security on the premises or in a parking garage can contribute to a visitor being physically and/or sexually assaulted.
- Malfunctioning Rides/Attractions: Orlando is home to several world-famous amusement parks. If an attraction malfunctions, the owner may be responsible for any injuries guests sustain.
What Should I Do Following an Orlando Premises Liability Accident?
If you are injured while on someone else’s property, the law often holds the property owner or occupier responsible for those injuries. To safeguard your right to pursue compensation, it is crucial to take certain steps after a premises liability accident, including:
- Provide Notice: Notify the property owner or manager immediately, even if you believe the accident did not result in injuries. If it is a commercial business, request to complete an incident report and obtain a copy. Record the name and contact information of the person you spoke to regarding the accident.
- Document the accident scene if your injuries permit. Take photos with your cell phone, focusing on any obvious contributing factors like a liquid spill on the floor or obstacles in the aisle. Also, gather the names and contact details of any witnesses.
- Undergo a comprehensive medical examination. Visit the emergency room or your primary care physician for a thorough physical check-up to identify injuries that may not show immediate symptoms. For instance, a traumatic brain injury might not exhibit visible symptoms right away but could be serious.
- Ensure you adhere to medical treatment recommendations. If your injuries necessitate ongoing or further treatment as recommended by a physician, follow through with it. Completing your treatment not only aids in your physical recovery but also ensures that your claim can be settled once treatment is concluded.
- Consult with an experienced premises liability attorney. You may be contacted by the property owner or a representative from their insurance company. Do not agree to discuss the accident with anyone until you have consulted with an experienced premises liability attorney to ensure that your rights are protected.
What Compensation Am I Entitled in an Orlando Premises Liability Lawsuit?
If you were injured in an Orlando premises liability accident, you could be entitled to compensation for both economic and non-economic damages. Economic damages are aimed at compensating a victim for out-of-pocket expenses such as medical bills, therapy expenses, and lost wages, while non-economic damages represent the subjective injuries a victim suffers, which may include such things as scarring, mental anguish, pain, and suffering.
If you lost a family member in a fatal Orlando premises liability accident, you may also be entitled to compensation as a claimant in a Florida wrongful death lawsuit. Compensation may be available for things such as funeral and burial expenses, lost future income, and the loss of companionship and support.
Get Help Orlando Premises Liability Attorneys
An Orlando premises liability accident can cause physical injuries, psychological trauma, and financial hardship for a victim and family members of a victim. When those injuries occur on the property of another party, that party should be held accountable, and the victim justly compensated. The experienced Orlando premises liability attorneys at Malik Law are committed to ensuring that both of those goals are reached by leveraging our extensive experience, vast resources, and unparalleled determination. Call us at 407-500-1000 or submit our online form today. One of our experienced Orlando premises liability attorneys will explain your rights to you and discuss your legal options at no cost.