Boca Raton Premises Liability
Boca Raton is an affluent community of about 84,000 located in Palm Beach County. Among its residents are numerous retailers, parking lot owners, apartment managers, and other Boca Raton property owners who may be liable for injuries or fatalities resulting from unsafe property conditions that they knew or should have known about. If you or a loved one have been harmed under these circumstances, contact the Boca Raton premises liability attorneys at Goldman & Daszkal, P.A. We have over twenty years of experience advocating for the rights of people injured due to negligence, and are dedicated to fighting for the compensation you deserve.
Injury & Assault Statistics
The Centers for Disease Control and Prevention reported that in 2010, the overall rate of nonfatal fall injury episodes that required a doctor to be called was 43 per 1,000 people in the United States. Boca Raton residents are impacted not only by these kinds of injuries, but also by those sustained directly at the hands of other people. In 2011, there were 23 rapes and 92 assaults per 100,000 people. Injuries sustained due to slip and fall incidents as well as physical attacks by another person are both relevant to premises liability law.
Slip and Fall Accidents
A person injured in a slip and fall accident on someone else’s property may potentially hold the property owner liable. However, when pursuing this kind of claim, it is important to be aware of new legal standards governing this area of Florida law. Under the current rules, a slip and fall victim must prove that the property owner had actual or constructive knowledge of the dangerous condition that caused the slip and fall, and that the owner should have fixed it. “Constructive knowledge” means that the owner should have known about the dangerous condition because it existed for a long time, or else that the owner should have known about the condition because it occurred regularly and was therefore foreseeable. Victims who are able to prove these elements may be entitled to damages that will cover losses such as medical expenses, lost wages, and pain and suffering.
Similarly, negligent security is a type of premises liability case that requires a property owner to foresee the likelihood of certain crimes and offer adequate security in places known to be dangerous. To prevail in this kind of case following an injury resulting from an attack on someone else’s property, a plaintiff typically must prove all of these elements:
- Property owner owed a duty of care to the victim;
- The duty was violated;
- Victim was injured;
- The harm was caused by property’s owners breach of the duty; and
- The harm could be foreseen.
For example, failure to install lights around an ATM in an area known for prior assaults may lead to a negligent security case. An injury resulting from an assault in a parking lot without sufficient lighting where past muggings or rapes have occurred may also give rise to liability for negligent security.
The Florida Wrongful Death Act allows survivors of a person killed as a result of someone else’s negligence to bring a wrongful death action to recover financial compensation for their losses. A survivor is defined as a spouse, child, parent, or any relative who was dependent on the deceased person for support or services. If your loved one was killed as a result of a dangerous condition on someone else’s property, you may be able to bring a wrongful death suit to recover monetary damages including:
- Medical bills including prescription costs;
- Funeral costs;
- Loss of companionship;
- Mental anguish; and
- Loss of services (such as household duties).
Contact an Experienced Personal Injury Attorney
Those who invite others onto their property owe them a duty of reasonable care, and may be liable for damages if they breach that duty. The Florida personal injury attorneys at Goldman & Daszkal, P.A. can help if you were injured, or if a loved one was killed, as a result of an unsafe condition on somebody else’s property. For a free and confidential consultation, please call us at 954-428-9333 or contact us through our online form.