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Premises Liability Attorney in Clearwater, Florida

Accidents often happen at times and places you’re least expecting it. Whether you’re running errands, visiting a friend, or shopping at a store, the last thing on your mind is the possibility of a fall or an animal attack. If you’ve been injured due to unsafe conditions on someone else’s property, understanding your rights can help you seek the compensation you deserve.

For three decades, I have dedicated my career to representing victims of premises liability incidents. My name is Alex Hernandez, and I am committed to providing legal advice and representation to those who have suffered due to unsafe property conditions in Clearwater, Florida, and throughout the Tampa Bay Area, Tri-County Area: Pasco County, Pinellas County, and Hillsborough County, and Sarasota and Bradenton, Florida.

With a passion for advocating for my clients' rights, my firm strives to provide top-notch legal representation, helping you receive justice and compensation.

Understanding Premises Liability

Premises liability law focuses on holding property owners accountable for accidents and injuries that occur on their premises due to unsafe conditions. It encompasses a broad range of scenarios where individuals might suffer harm because of the negligence of those who manage or own the property.

This area of law allows victims to pursue the compensation they deserve for their injuries, emphasizing the responsibility of property owners to maintain a safe environment.

Types of Premises Liability Cases

Premises liability covers various cases, each with unique challenges and considerations:

Slips and falls: These incidents often occur due to wet floors, uneven surfaces, or poorly lit areas.

Inadequate maintenance: Failure to properly maintain property features, like staircases, elevators, or railings, can lead to serious injuries.

Inadequate building security: Property owners have a duty to provide adequate security measures to protect visitors from criminal activities.

Animal attacks: Owners of animals, especially pets, must ensure their animals do not pose a danger to visitors on their property.

Each type of premises liability case presents its own set of challenges, and I am here to guide you through every step. Whether you have suffered from a slip and fall, inadequate maintenance, poor building security, or an animal attack, I use my extensive knowledge and experience to build a robust case on your behalf.

I am committed to holding negligent property owners accountable and fighting for compensation for your injuries. My goal is to provide personalized, compassionate legal representation to help you through this difficult time.

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Key Elements of a Premises Liability Claim

To succeed in a premises liability claim, it must be established that a dangerous condition existed on the property and that the property owner's negligence contributed to the incident. The cornerstone of such claims is proving the property owner failed to meet their legal duty of care to visitors.

A Dangerous Condition

In premises liability cases, a key element is proving that a dangerous condition existed on the property where the injury occurred. This could range from slippery floors to inadequate security measures.

Property Owner Negligence

Property owners have a duty to maintain safe conditions on their premises. If they fail to do so and someone gets injured as a result, they may be held liable for negligence.

Proving Negligence: Status-Based vs. Reasonable Care Approach

Proving negligence in premises liability can be approached in two ways, depending on the case's specifics:

Status-based approach: Here, the visitor's status on the property (invitee, licensee, or trespasser) determines the duty of care owed by the property owner.

Reasonable care approach: This method evaluates whether the property owner acted reasonably under the circumstances to prevent harm to visitors, regardless of their status.

By understanding these types of cases and their key elements, you can better grasp how premises liability law works and the recourse available to victims. If you've been injured due to unsafe conditions on someone else's property, don’t hesitate to reach out for support in pursuing compensation.

Why Choose the Law Office of Alex Hernandez?

With over 32 years of experience, I have been dedicated to serving the people of Clearwater, Florida, and the surrounding communities of Pinellas, Hillsborough, and Pasco counties since 1990. I am fluent in Spanish and have served as a certified court translator in Sarasota County for decades.

My clients benefit from personalized service and attention that larger law firms can't match, with 24/7 access to me via my cell phone. If you need committed and effective counsel for your premises liability case, I am here for you any time, day or night.

Frequently Asked Questions About Premises Liability

Who can file a premises liability claim?

In Florida, anyone who is injured on someone else's property due to a dangerous condition can potentially file a premises liability claim. This could include slip and fall accidents, inadequate maintenance, insufficient security, or animal attacks, among other scenarios.

Are there any specific laws in Florida regarding premises liability?

Yes, Florida law imposes specific duties on property owners. Under Florida Statute §768.0755, a person who slips and falls on a transitory foreign substance in a business establishment must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

How long do I have to file a premises liability claim?

In Florida, the statute of limitations for filing a premises liability claim is generally four years from the date of the accident. However, there are exceptions, so I recommend you consult with an attorney as soon as possible.

What compensation can I seek in a premises liability case?

You may be entitled to various forms of compensation, including:

Medical expenses

Lost wages

Pain and suffering

Emotional distress

Loss of consortium

How can an attorney help with my premises liability case?

An experienced personal injury attorney can help by:

Investigating the circumstances of your injury

Gathering evidence to prove negligence

Negotiating with insurance companies

Representing you in court if necessary