When you suffer an accident and injury on another person’s property, your life can be irrevocably altered. You might be experiencing excruciating pain, dealing with medical expenses, and missing work or school, all while attempting to get back on your feet. Although you have the right to be compensated, the last thing you need is the stress of a legal battle against the property owners. Hiring an experienced Miami premises liability lawyer to represent you in court is your greatest chance to get the outcome you desire.
It’s crucial to hire a legal advocate who understands the ins and outs of premises liability cases and the legislation or rules that affect them. In the Miami area, the firm to contact is Kaire & Heffernan. Our seasoned attorneys have the understanding and skill to file the appropriate claim, gather evidence, and make a convincing argument against the property owners or defending party. Here are just some of the ways in which we can help you:
If you have been injured in a premises liability accident in Miami, our lawyers will evaluate who may be liable for damages according to Florida premises liability law. In many personal injury cases, property insurance might cover any financial compensation. We can determine which insurance policies apply to your situation and make a claim with the insurance carrier that covers the negligent property owner. We will also aim to determine if there is a third party liable for your personal injury (like a tenant).
The worth of your claim is mostly determined by the kinds and amount of damages you incurred, such as:
Our Miami attorneys can provide you with a more accurate assessment of the worth of your claim once they’ve studied the facts and circumstances of your premises liability lawsuit.
Every business owner has an obligation to provide a safe environment – or premises – for its customers. Whether it is a department store, a hotel or an amusement park, there are laws and regulations that businesses must follow to ensure safety. Yet some companies choose to ignore safety standards, either to save money or out of pure negligence. When you or a loved one are hurt due to this negligence, you deserve compensation for your injuries. At Kaire & Heffernan, we have helped numerous clients pursue successful premises liability cases against businesses that were negligent. Let us help you get the compensation you deserve for your injuries.
Here are just some of the premises liability claims our firm can assist you with:
Negligent security: Businesses like parking garages and apartment complexes have an obligation to provide secure premises to customers and residents. Unfortunately, not all do what they are supposed to do, putting customers at increased risk of criminal activities.
Slip, trip and fall accidents: A slip or a trip can be surprisingly damaging in certain circumstances. Plenty of people have been permanently injured or even killed by losing their footing on surfaces they thought were safe. Businesses like restaurants and grocery stores should provide safe walkways at all times, yet many fail to.
Dog bites and animal attacks: Landlords have a legal obligation to protect their tenants from a range of potential hazards, including dog bites. A vicious dog can do real damage to a human victim, even to the point of causing death. Certain dog breeds are often excluded by leases, but some landlords do not enforce their own rules. When you or a loved one are bit due to this kind of negligence, you have the right to pursue compensation.
Amusement park accidents: Florida has a number of world-renowned amusement parks. These amusement parks have a legal obligation to provide a safe environment. Unfortunately, companies sometimes try to cut corners – a dangerous approach in this kind of environment. Although you agree to a certain amount of risk when you attend such parks, this does not mean the parks can be negligent in their care for attendees. Similar laws apply to Florida state and national parks.
Sometimes property owners and/or their insurers will choose to settle with victims to avoid costly legal battles. Other times you may have to force the issue, and your attorneys will need to prove your case in court. Our Miami premises liability attorneys will work tirelessly to help you obtain fair compensation, whether in or out of the courtroom.
Below, we’ve provided answers to questions that we regularly hear from prospective clients.
Seek medical attention, even if things “don’t seem too bad.” Some injuries are not immediately apparent, and it is much harder to seek compensation later if you delay medical care and treatment. While you wait for medical help to arrive, take pictures and get the contact information for witnesses, if possible. Also, put the property owner or manager on notice that the accident occurred.
Yes, under certain circumstances. Some businesses have a history or crime or are located in high-crime areas. If the business owners know this but don’t take adequate steps to protect themselves and their customers, they may be considered liable when criminals injure others on the property. We explain in more detail on our negligent security page.
In many cases, the answer is yes. Florida recognizes the “attractive nuisance” doctrine. Simply put, if a property owner has something on their premises that is likely to attract children who are young and don’t know any better, the owners can be held responsible if a child is injured by it. An example would be a large trampoline in a neighbor’s yard. The yard is not fenced in and no other steps have been taken to keep unwanted users off the trampoline. As with any premises liability matter, attractive nuisance claims are best handled with the help of an attorney.
In our experience, people put off taking legal action after they are hurt in a slip and fall or other accident for one of three reasons: they initially underestimate the severity of their injuries, they think it will be time-consuming and expensive, or they don’t understand their rights. The statute of limitations for filing a slip-and-fall, premises liability or negligent security claim in Florida is four years from the date of the incident. If you miss this deadline, you will be prohibited from bringing legal action in most circumstances. Waiting until the last minute to act on a premises liability case is one of the most common blunders. The sooner you gather evidence and begin to pursue a case against the property owner, the higher your chances of winning.
Kaire & Heffernan, has been serving the Miami-Dade County and South Florida region since 1997. Our Miami premises liability lawyers will fight to get you the compensation and peace of mind you deserve after being hurt on someone else’s property. For a free consultation, contact us via phone or reach out online. Se habla español.
(305) 876-6001