Have you been injured while on someone else’s property? You may be entitled to compensation for your medical care, lost wages, and pain and suffering.
Proving negligence in premises liability cases can be complex. Our attorneys are skilled at gathering evidence and building strong cases to ensure you receive the compensation you deserve. We work on a contingency basis, so you never have to pay out of pocket.
Browse a few of our most recent personal injury settlements and verdicts below. Call the Weinstein Legal Team 24/7 to schedule a free consultation with an attorney.
Although they’re often referred to as “slip and fall” claims, premises liability encompasses that type of injury and many others.
Types of premises liability claims include:
If you’ve been in an accident on someone else’s property, you will probably need to file a claim with their insurance company. In most cases, the property owner’s insurance is responsible for paying your claim. But insurance companies are businesses and are reticent to pay out larger claims. The insurance company will inevitably offer you some sort of compensation for your injury, but you shouldn’t accept it without first talking to a personal injury lawyer.
Regardless of whether the nature of your accident was a slip and fall or some other type of premises liability accident, you should consider taking the following steps.
Your health is your first priority. Depending on the severity of your injuries, call 911 and allow the EMTs to examine you. If necessary, let them take you to the emergency room. If not, follow up with your own doctor as soon as possible.
Make sure you let the on-duty manager of the establishment or premise know that there’s been an accident. They will probably need to complete an incident report per their policies. Ask them to preserve any surveillance video that may have captured the incident.
Take pictures and video of the location where the accident occurred and whatever hazard caused your injury. If you have visible injuries, make sure you capture them as well. Having a detailed record of your accident will help with your legal case.
Collect the names and contact information of anyone who saw your accident. In addition, request the names and titles of any employees who you spoke to regarding the incident. Employees and managers can leave the company or transfer locations, so it’s important to have a list of the people working that day.
Premises liability lawyers can legally represent you while you work on your medical recovery.
Their duties include:
Weinstein Legal works on a contingency basis, which means that our legal team only receives compensation if you receive funds through a settlement or court award. Your consultation with a premises liability attorney is free, and you won’t be charged a dime unless we win your case.
Most public-access premises have insurance policies to cover them in the event of an accident. These insurance companies have legal teams and adjusters who are master negotiators. It’s not unusual for accident injury victims to be approached by an adjuster within 24 hours of the accident with an offer to cut a check on the spot. The catch is that you will have to sign away your right to pursue further legal action.
By hiring a personal injury lawyer who handles cases of premises liability, you can ensure that you will not unknowingly accept an inadequate offer. The attorneys at Weinstein Legal can review your injuries, the degree of liability of the establishment, and the evidence available. Once they have a full picture of your premises liability case, they can then begin negotiating with the insurance company.
In order to establish your case, you have to be able to prove the following elements:
These elements may seem like they would be easy to prove, but it’s important to remember that the insurance company will have a team of attorneys attempting to cast doubt on your claim. A personal injury lawyer can not only help ensure that your case is viable, but that you get a full payout.
In most cases, if you have permission to be on a premise, the owner or custodian of that property owes you a duty of care. That means that the property is reasonably safe.
Pathways should be clear of obstructions or slippery substances, stored objects should be secure, and pipes and electrical wiring should be away from traffic — or there should be adequate warnings posted. All of this is the responsibility of whichever party is in control of the property. An attorney can run down the information and determine liability for your case.
In the state of Florida, trespassers usually cannot collect damages for an accident occurring on a premise. However, in some cases, children are still able to make claims, particularly if the property or items on the property are considered “attractive nuisances.” These are items that are likely to draw children, regardless of whether they have legal access to them or not.
In order to receive compensation for your injuries…
Your attorney will have to establish the following:
Premises liability refers to an area of the law that involves an accident on another entity’s property due to unsafe conditions. Premises liability accidents are among the most common types of cases seen by personal injury lawyers.
Starting a Premises Liability case with the Weinstein Legal Team Team is fast, easy, and won’t cost you a thing unless we win your case. Here’s how it works.
Justin Weinstein | Founder & Managing Partner
