If you or a loved one was injured due to a hazardous condition on someone else’s property, you may have grounds for a premises liability claim.
The Tampa premises liability lawyers at Swope, Rodante P.A. have extensive experience holding negligent property owners accountable. Contact us today for a free consultation so we can review your case and discuss your legal options.
Why Choose a Premises Liability Lawyer at Swope, Rodante P.A.
- Our Tampa premises liability attorneys have decades of combined experience fighting for the rights of injured clients across Florida. We are dedicated to maximizing your financial compensation.
- We are a diverse firm with attorneys from all backgrounds, allowing us to bring unique perspectives to each case we take on. Our team leverages their varied skills and resources to build the strongest possible arguments.
- Premises liability injuries can completely upend your life, resulting in physical, emotional, and financial hardships. Our lawyers will handle every aspect of your claim so you can focus entirely on recovery.
Navigate This Page
- Types of Premises Liability Cases We Handle
- Damages You Could Recover in a Premises Liability Lawsuit
- Proving Premises Liability in Florida
- Florida’s Statute of Limitations for Premises Liability Claims
- Common Premises Liability Injuries
- What to Do After a Premises Liability Accident
- Parking Garage Liability
- Contact a Tampa Premises Liability Attorney Today
Types of Premises Liability Cases We Handle
At Swope, Rodante P.A., our skilled premises liability legal team represents clients who have been injured due to hazardous property conditions such as:
Slip and Fall Accidents
One of the most common types of premises liability cases involves slip and fall accidents caused by:
- Wet or slippery floors
- Cracked or uneven walking surfaces
- Poor lighting conditions
- Lack of handrails
- Cluttered walkways
- Unmarked hazards
Negligent Security
Property owners have a duty to implement reasonable security measures to protect visitors from foreseeable criminal acts. We handle premises liability cases involving negligent security, such as:
- Lack of security cameras
- Broken locks or gates
- Poor lighting in parking areas
- Lack of security guards
Swimming Pool Accidents
Swimming pool accidents can lead to serious injuries like brain damage, spinal cord injuries, and drownings. Premises liability may apply if pool owners failed to:
- Provide proper safety equipment
- Ensure adequate supervision
- Repair defective pool drains
- Enclose the pool area properly
Other Premises Liability Cases
Our attorneys also represent clients injured by:
- Defective staircases or handrails
- Elevator/escalator accidents
- Fires or explosions caused by unsafe conditions
- Toxic exposures or chemical leaks/spills
We take on premises liability cases involving all types of properties in Tampa and throughout Florida, including stores, restaurants, hotels, workplaces, apartment complexes, schools, parking lots, and more. If you were injured due to an unsafe condition, we want to hear from you.
Damages You Could Recover in a Premises Liability Lawsuit
If our Tampa premises liability attorneys are able to prove the property owner’s negligence caused your injuries, you may be entitled to significant financial compensation through a premises liability claim or lawsuit. Damages that may be recovered include:
Economic Damages
- Medical expenses – You can recover the cost of ambulance fees, emergency room visits, doctor appointments, hospital stays, surgery, medication, medical equipment, and other healthcare needs related to your injuries.
- Future medical costs – For severe or permanent injuries requiring ongoing treatment, you can be compensated for the anticipated future medical expenses.
- Lost wages – If you had to miss work due to your injuries, you can recover the income and benefits you lost during this time.
- Loss of future earnings – If you have a temporary or permanent disability that impacts your ability to earn a living in the future, you can seek damages for those diminished earnings.
- Property damage – Any personal property damaged due to the accident, such as a cell phone or motor vehicle, can be included in your compensation.
Non-Economic Damages
- Pain and suffering – Damages can be awarded for the physical pain and emotional/mental suffering caused by your injuries.
- Emotional distress – You may be compensated for anxiety, fear, sleep loss, and other emotional trauma from the premises liability accident or your injuries.
- Disability or disfigurement – If you are left with permanent disabilities, scarring, or disfigurement, you can recover damages for those conditions.
- Loss of enjoyment of life – When injuries prevent you from participating in hobbies or activities you once enjoyed, compensation may be available.
Wrongful Death Damages
If your loved one tragically passed away due to injuries from a premises liability accident, certain family members can file a wrongful death lawsuit against the negligent property owner or occupier. Damages in these cases could include:
- Funeral and burial costs
- Loss of the deceased’s income
- Loss of companionship, guidance, and protection
- Pain and suffering of the deceased prior to death
An experienced premises liability lawyer in Tampa will carefully review the details of your case to determine which types of damages you may be eligible for and fight to maximize your financial recovery.
Proving Premises Liability in Florida
To have a valid premises liability claim in Florida, you must be able to prove that the property owner or occupier was legally negligent in a way that directly led to your injuries. This involves establishing the following key elements:
1. The property owner/occupier owed you a duty of care
The level of care a property owner must provide can vary depending on your reason for being on the premises and your legal status, such as:
- Invitee (someone who was on the property for the benefit of the owner, such as a customer at a business) – Property owners must regularly inspect and maintain the premises for hidden dangers and fix any hazards they knew or should have known about.
- Licensee (someone with permission to be on the premises for their own benefit, such as a social guest) – Owners have a duty to remedy dangerous conditions they know about.
- Trespasser (someone who entered the property without permission) – Owners must avoid intentionally injuring trespassers through willful or wanton conduct.
2. The property owner/occupier failed to maintain reasonably safe conditions
Next, we must show that the property owner or occupier failed to maintain reasonably safe conditions on the premises, resulting in a dangerous hazard. This could involve:
- Failure to clean up spills, remove tripping hazards, or repair broken stairs/handrails
- Failure to provide adequate lighting in walkways or parking areas
- Failure to follow proper safety codes and regulations
- Failure to implement sufficient security measures
- Failure to warn visitors of known hazards
3. You were injured
It must be established that you suffered actual injuries, whether physical, emotional, or both. Medical records and testimony will be used to prove the nature and extent of your injuries.
4. Your injuries were directly caused by the unsafe condition
Finally, we have to link your injuries directly to the hazardous condition on the property. If there were multiple potential causes, we’ll work to show the premises liability hazard was the primary cause.
Our skilled Tampa premises liability attorneys will thoroughly investigate the circumstances surrounding your accident and injuries. We’ll gather all available evidence, such as photographs, video footage, witness statements, safety logs, and expert analysis to build a strong case proving the property owner’s negligence.
Florida’s Statute of Limitations for Premises Liability Claims
It’s important to be aware that Florida imposes strict time limits for filing premises liability lawsuits. In general, you must take legal action within four years from the date of the accident and your injuries.
There are a few key exceptions to this statute of limitations deadline:
- If the injury wasn’t readily apparent, you may have four years from the date it was discovered or reasonably should have been discovered.
- If a minor was injured, the four-year clock doesn’t start until they turn 18 years old.
- Cases against government entities have much shorter deadlines, often just 2-3 years.
These statutes of limitation can be complex, with many potential exceptions and nuances. To ensure you don’t miss your window to file a premises liability claim, it’s critical to consult an experienced Tampa attorney as soon as possible after your accident.
Common Premises Liability Injuries
Due to the unpredictable and uncontrolled nature of premises liability accidents, they can often result in severe, catastrophic, or even fatal injuries. Some common injuries our Tampa lawyers see include:
- Broken bones – From simple fractures to complex compound bone breaks requiring extensive treatment
- Soft tissue injuries – Sprains, strains, and tears involving muscles, tendons, and ligaments
- Traumatic brain injuries (TBIs) – Ranging from concussions to life-altering brain trauma, often caused by falls or blunt force impacts
- Spinal cord injuries – These can cause partial or complete paralysis if the spinal cord is severely damaged
- Back and neck injuries – Such as herniated discs, sprains, strains, and whiplash
- Cuts and lacerations – From minor to severe, potentially causing disfigurement or nerve damage
- Burns – Chemical, electrical, or fire-related burns could require multiple surgeries and skin grafts
- Toxic injuries – Toxic exposures could lead to long-term or permanent illnesses and harm
No matter how minor or severe your premises liability injuries may seem, it’s advisable to seek medical attention right away. Many injuries can have delayed symptoms or complications that worsen over time if left untreated. Prompt treatment creates medical documentation that will be vital evidence in your injury case.
What to Do After a Premises Liability Accident
The actions you take immediately following a premises liability incident can hugely impact your ability to recover fair compensation down the line. Our Tampa attorneys recommend taking the following steps:
- Report the incident – Notify the property owner, manager, or employee about the accident right away and request they create an official report and get you medical assistance if needed.
- Seek medical attention – Even if your injuries seem minor, get checked out by a doctor as soon as possible. Delaying treatment could raise doubts about your injuries later.
- Document everything – Take photos/videos of the accident scene, hazardous conditions, your visible injuries, and anything else relevant. Also get the contact information of any witnesses.
- Avoid giving statements – Don’t provide any recorded or written statements about the accident details to the property owner’s representatives or insurance companies.
- Contact a premises liability lawyer – Have an experienced attorney evaluate your case and handle all communication and negotiations with the property owner and insurance companies.
Following these steps can go a long way in strengthening your premises liability case and increasing your chances of a full financial recovery.
Parking Garage Liability
Business owners are required to maintain the parking lots and the area surrounding their building by keeping it clean and free of hazards.
Naturally, the land or property owner is primarily responsible for the property, but inherent duties and liability are also passed along and shared by any renters or lessees on said property. This is known as premises liability:
“Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.”
Premises liability extends to all areas of property ownership. It affects injuries from negligence and injuries from violent crimes on the premises of hotels, apartment complexes, shopping centers, and office buildings. All property owning entities and their lessees (when applicable) share liability.
Contact a Tampa Premises Liability Attorney Today
Being injured due to a property owner’s negligence can derail your life physically, emotionally, and financially. You deserve to be fully compensated by the at-fault parties, but proving premises liability can be a complex legal battle.
The knowledgeable premises liability lawyers at Swope, Rodante P.A. have what it takes to build a strong case and fight for the maximum compensation you’re owed. We know the tactics insurance companies use to try to minimize payouts, and we won’t back down.
Don’t try to navigate a premises liability claim alone. Contact us today for a free consultation, so we can review your situation, answer your questions, and explain all of your legal options. When you hire our Tampa firm, we’ll handle your entire case from start to finish while you focus on healing and moving forward with your life.
