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Florida Premises Liability Injury FAQs

In Florida, any type of accident that happens on property owned by a business or a individual, other than yourself.

 

What is a Florida premises liability accident?

Who is liable if I am injured on someone else's property?

If you are injured on someone else's property in Florida, generally the first place you'll look for liability is the property owner. However, many properties, especially businesses, might be rented. You can look to hold both the renter of the property and the property owner liable. ​

Property owned by the government follows the same general rules as premises liability where the property owner is private, HOWEVER, the s​tatute of limitations for a claim against the government may be shorter than with private entities. It is also sometimes difficult to determine where to file your claim against the government.

What if I am injured on government property in Florida?

Do ​I automatically win if injured on someone else's property in Florida?

No! Generally, all property owners must keep their property in reasonably safe conditions. The rules of negligence will apply, although in some cases there is strict liability (meaning the property owner is held liable).

 

So if you are injured on someone else's property, you most likely have to prove that they were negligent. Meaning that they did something wrong (unsafe conditions), or didn't do something that they were supposed to do (like mop the floor).

Do I even need a Florida premises liability attorney?

Not every premises injury claim requires the use of an attorney. If you do not have serious injuries, you may not need a lawyer. However, it doesn't hurt to consult with an attorney. You need to protect yourself in case more injuries manifest later. We offer free premises injury consultations and we'll help you find the right attorney even if we can't take your case.

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Will it impact my case If I do not immediately seek treatment?

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If An Injury Does Not Manifest Until Later, What Are My Options for Filing a Claim?

If you have immediately apparent injuries or injuries that manifest later due to the premises accident, then not seeking immediate medical attention will most likely impact your case negatively. 

A common occurrence is when a victim of an premises accident has seemingly minor injuries and they can feel fine after the accident. Instead of taking the ambulance to the hospital, they get a ride home. Later on, however, the pain manifests. It could be that night, or days later.

 

Once the adrenaline from the accident wears off and your body starts to feel pain, you might realize you have a claim for damages in Florida.  It is important to seek medical attention as soon as pain manifests if you haven't already been treated.

 

When seeking medical attention, it is important to tell your doctor that you have been injured in an accident and that the accident is listed as a cause of the pain. Medical providers and insurance companies use specific coding when treating injuries and accident victims tend to receive similar types of trauma care.

 

So if you have sustained a back injury, neck injury, or other type of injury in an auto accident, it is important that the physician notes that in your medical records.

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