An accident can occur pretty much anywhere. When another party acts with negligence in regard to their home, property, or business, people are often injured. A premises liability accident can occur in homes, apartment complexes, rental properties, businesses, parking lots, and more.
If you’ve been injured on someone else’s property because of their negligent behavior, it’s time to take action. Contact Osborne & Francis online or at (561) 293-2600 as soon as possible to discuss your potential claim.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
What is Premises Liability?
Premises liability is a legal concept used in personal injury cases to refer to an accident that occurred because of unsafe conditions on someone’s property. A property owner would be liable for an accident that occurred on their premises.
Property owners are liable for these injuries when they ignore certain hazards like broken steps, missing handrails, potholes, and more. It doesn’t matter if someone owns a business or a home, if you’re injured because of their negligence or failure to warn, you may be able to file a lawsuit against them.
Premises liability cases can take place in the following places:
If a property owner, manager, or another party fails to protect guests, patrons, or friends from dangers on their property, an accident and injury can occur. There are many different types of cases under the umbrella of premises liability, including:
It’s important to hire an attorney that has experience in premises liability cases in general, as well as experience in the type of accident you’ve experienced. For example, if you were injured because of a fire in your apartment complex, you’ll want to hire an attorney that has handled similar cases.
Osborne & Francis has handled many different types of premises liability cases, including all of the above. We have years of experience working diligently to ensure our clients get the compensation to pay their damages.
Commonly Associated Injuries
Because there are so many different types of premises liability accidents, injuries can range from mild to severe. Unfortunately, sometimes, premises liability accidents may even cause fatality. If a loved one has passed away because of a premises liability accident, please contact us as soon as possible so we can assist you in filing a wrongful death claim.
From minor to severe and life-threatening, all injuries are devastating and expensive. Without health insurance, a simple injury like a broken bone can cost thousands—if not more. More severe injuries, like spinal cord injuries or head injuries, can cost hundreds of thousands of dollars per year.
Our team of attorneys will take this into account, making sure that you receive compensation for both your past and future medical bills. Your doctor will determine your future treatment plan, and we’ll use that to determine just how much compensation you’ll need to continue paying your medical bills.
No matter your injury, we’re here to help you. Premises liability injuries may include:
Premises liability injuries are caused by a property owner, manager, or another party’s inability to keep guests safe. This is called negligence. Property owners or other parties owe a certain level of care to those who visit (or live at) their property, business, or home. By breaching this duty and allowing an accident to occur, the at-fault party has committed negligence.
Negligence may look like any of the following:
Failing to clean up a spill or clutter within a reasonable amount of time
Failing to warn guests of an issue within the home, for example, a loose step or another hazard
Ignoring maintenance requests within an apartment complex. For example, complaints of black mold, lack of heat/air conditioning, or generally unsafe living conditions within the unit or in common areas
Poor lighting in parking lots, hallways, or other common areas
Failure to properly maintain elevators or escalators
Not posting signage for slippery floors
Not posting when a lifeguard isn’t on duty
Not warning guests of a dangerous dog
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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
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How to Determine Liability
So, you’ve been involved in an accident, and you believe the property owner (or another party) is at fault for the accident. What steps do you take next? How do you prove that negligence caused the accident to occur? How do you prove that someone is liable and, therefore, should pay for your damages?
To determine liability, you have to prove each step of the following:
The property owner had a duty to keep their premises hazard-free.
They breached this duty by acting negligently.
As a result of their negligence, you were injured.
Your injuries have resulted in damages.
Property owners have a duty to keep their premises hazard-free within reason. While some hazards are inevitable, it’s their responsibility to ensure that the premises are safe for everyone. If they choose to ignore a hazard, this is evidence enough that they’ve breached their duty.
Pictures of the accident and witness statements can help to prove the existence of the hazard that caused your injuries. Pictures of your injury from the day of the accident and medical reports can prove that their negligence resulted in your injuries.
When you hire Osborne & Francis to represent your premises liability case, we’ll investigate your case thoroughly. We’ll make a record of all evidence that can be used in your claim, such as laws for property owners, photos, videos, statements, and more.
Contact Osborne & Francis to Schedule a Free Case Evaluation Today
If you or someone you love has been injured on another person’s property, you may be entitled to compensation. To learn more about premises liability or to schedule a free case evaluation, please contact us online or at (561) 293-2600.
Frequently Asked Questions
Boca Raton Office
925 S. Federal Highway, Suite 175 Boca Raton, FL 33432