How to Choose the Best Premises Liability Lawyer
When you are injured on another party’s property in a fall or another accident, there are certain legal questions that you must explore to determine whether you are entitled to compensation and the amount of damages that you are likely to receive. Surely, you want the best premises liability lawyer available to help you navigate the legal system and to know that you are being treated fairly at each step of the process. Premises liability is a specific area of personal injury law that has many procedural and substantive rules. The best attorneys will be well-versed in these laws and will know how to navigate them efficiently to help you obtain the recovery that you deserve. At Donaldson & Weston, our Stuart premises liability lawyers understand that providing proper legal counsel involves listening to each client’s wishes and goals and crafting a legal strategy that seeks to accomplish them. If you were injured as a result of another landowner’s carelessness, contact us today.
Finding Legal Counsel for a Premises Liability Claim in Florida
Premises liability law has existed for a very long time and covers situations in which an individual suffers an injury as the result of a landowner’s carelessness or lack of attention to the safety of a property. This covers everything from slip and fall accidents at major retail stores to swimming pool accidents at private residences. The best premises liability attorneys will understand the factual nuances involved in each type of situation and the proper ways to obtain evidence to show that the landowner did not meet the standard of care.
When it comes to the level of care that a landowner owes guests, Florida law has created different categories of guests. The highest level of care is owed to a class of individuals called invitees, who are invited to a property for a business purpose. A common example would be patrons at a grocery store or at a movie theater. Property owners owe this class a duty to inspect for dangerous conditions and to remedy them, or to provide warnings about known dangerous conditions and conditions that they should have found through a reasonable inspection.
The second-highest level of care is owed to licensees, who are individuals invited to a property for a social occasion. Landowners owe this class of guest a duty to warn against known dangerous conditions. There are additional levels of care that landowners owe to individuals using public land, as well as special rules that apply when children are accident victims. The best lawyers will be able to assist you in determining which category applies to your situation. This is critical because it will determine which facts you must prove and will define whether or not the defendant is liable for your injuries.
Once you have proven that the landowner failed to use appropriate care in maintaining the premises or providing appropriate warnings, you will next be required to show that this failure caused you to suffer your injuries. There are a variety of defenses that defendants in premises liability lawsuits can assert, and a skilled lawyer will know how to anticipate and defeat these defenses. A commonly asserted defense involves proving that the plaintiff exceeded the scope of his or her invitation by accessing an area on the property that was not open to the public, or by showing that the plaintiff assumed the risk. The final stage of the lawsuit will involve substantiating the amount of damages that you are seeking. This usually entails providing receipts and invoices for items like medical bills or lost wages. To ensure that you receive sufficient income to address your future expenses, you may need to retain an expert witness to help estimate your injury-related costs. Our premises liability attorneys have worked with experts and can help you retain the appropriate professional for your situation.
Hire a Vigorous Stuart Lawyer for Your Premises Liability Case
If you were hurt while visiting a public or private property, you probably have questions about whether you are entitled to compensation from the person or entity that owned the property. At Donaldson & Weston, we provide responsive legal counsel to victims throughout Palm Beach, Martin, and St. Lucie Counties, including in Stuart, Jupiter, and Port St. Lucie. Our seasoned legal team can help you ensure that you bring the strongest case under the circumstances and that you are treated fairly. To schedule your free consultation, call us at 772-266-5555 or contact us online to get started.