When you visit someone else’s property, you benefit from that landowner’s hospitality. More than that, you benefit from legislation that requires a landowner to keep you safe from environmental hazards. Landowners who cannot uphold the responsibility that they owe you can be held liable for that negligence should you suffer an injury.
Our Lehigh Acres premises liability attorneys know how to frame your premises liability losses if you want to take your case to court. More specifically, Viles & Beckman can help you fight for the financial compensation you need to overcome the expenses related to your accident.
Learn More About Your Role on Someone Else’s Property
When you step onto someone else’s property, you often do so with an intention in mind. Florida’s legal system can subsequently classify your role on someone else’s property. In turn, your right to certain protections can vary depending on your assigned role.
Our premises liability lawyers in Lehigh Acres, FL, need to understand your role on someone else’s property when taking on your personal injury case. With that in mind, we can put you in one of the three following categories:
Invitees are individuals who, as the name suggests, have been invited onto someone else’s property. More specifically, the term “invitee” describes an individual who comes onto a landowner’s property with the intention of performing an approved task there. For example, anyone visiting a hospital for a check-up or to see family is an invitee.
Invitees are entitled to comprehensive protections while on someone else’s property. Landowners are obligated to warn invitees of dangerous environments, clean up hazardous messes, and provide accessibility aids as applicable. Failure to do so can see you win the right to hold a landowner accountable for injuries obtained on their plots.
Licensees are individuals invited onto a landowner’s property with the intention of performing a task unrelated to the land’s goals. For example, maintenance teams who visit a storefront are considered licensees. Licensees are entitled to the same protections as invitees and can take similar legal action if a landowner violates their duty of care.
That said, there are some limitations to this category’s reach. A licensee who goes to government property may have a more difficult time taking legal action against a negligent landowner. While most government officials benefit from a degree of qualified immunity, Florida Statute § 768.28(a) allows injured parties to file civil suits against negligent government landowners.
Trespassers are individuals who have not been invited onto someone else’s property. Because trespassers don’t receive permission to be on a landowner’s property, they do not benefit from the comprehensive protections that licensees and invitees do.
That is not to say that trespassers don’t benefit from some protections, though. Landowners may not take violent action against trespassers and may not leave traps for unwanted visitors.
Similarly, children receive the benefit of the doubt when trespassing onto someone else’s land. If a child is injured while trespassing, a parent can pursue a civil claim against the landowner courtesy of the attractive nuisance doctrine.
Addressing Premises Liability Settlement Offers
In some cases, a landowner may extend you a settlement offer for your premises liability losses long before you seek out legal support. If this is the case, you may be tempted to accept the offer out of hand.
Unfortunately, landowners don’t often have your best interests at heart. In most cases, these parties want you to agree to a settlement so that they can avoid time spent in court. As such, the initial offer they extend to you is likely to include far less compensation than you actually deserve.
If you do receive a premises liability settlement offer, contact one of our attorneys. We can work with you to compare the offer against the full value of your losses. If the offer is well below what you deserve, we can negotiate on your behalf. We can also prepare to take uncooperative landowners to court.
You Must Bring Your Claim Forward Within Florida’s Statute of Limitations
If you want to pursue compensation for a premises liability accident, you need to do so on a deadline. Florida Statutes § 95.11(3)(a) represents Florida’s statute of limitations for personal injuries, including premises liability cases. According to this statute, you have four years from the day your accident takes place to file your claim.
You must take legal action within this timeframe if you want to request compensation for your losses. Attempting to file outside of your four-year deadline can see a civil court dismiss your request for compensation out of hand.
That said, it isn’t always easy to file a legal complaint. This is particularly the case if you’re contending with a severe personal injury. That, fortunately, is where our Lehigh Acres, FL, premises liability attorneys can step in. Once you’ve expressed the extent of your losses, we can bring together a claim on your behalf.
Calculating Your Premises Liability Compensation
If you’re injured on someone else’s property and fall into a category that allows you to file a claim, you can request compensation for your losses. You can calculate this compensation based on the economic and non-economic damages you endured in your accident. These can most often cover your:
- Related medical bills
- Lost or damaged property
- Required time off of work
- Essential at-home care
- Emotional distress
- Pain and suffering
We calculate your economic damages by assessing the receipts and invoices you have for services related to your accident. Once we’ve calculated the concrete value of your case, we can apply non-economic multipliers to your total. These multipliers are approved by the state and can stand in for the value of losses without an assigned dollar value.
Meet With a Premises Liability Attorney Today
Understanding how your role on someone else’s property impacts your right to legal protection can be challenging. That’s why our team steps in and helps injured parties make sense of the laws that apply to their premises liability accidents. You can discuss your right to post-accident compensation with a Lehigh Acres, FL, premises liability lawyer on our team.
Contact us today to learn more about how you can request financial support for your premises liability losses. Viles & Beckman is available to discuss your needs over the phone or through our website. Our team is also bilingual, offering services in both English and Spanish to families in need