Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

A person who has control of the premises where an injury occurs may be held liable for the injuries caused by dangerous conditions in the area which they control. An example of control of an area is illustrated by certain circumstances in which a contractor or subcontractor obtains control of the premises and a dangerous condition then injures a person entering the property.

Your status while entering the property of another is a key issue in a premises liability claim. A person who enters the property of another by an express or implied invitation of the owner or occupant of the premises is considered an invitee. An example of an implied invitation is one you would have when entering a grocery store to buy groceries during business hours. The grocery store does not need to first expressly invite you to the store, so that you may enter the premises and buy your groceries. Instead, an implied invitation exists for you to enter the property to buy the groceries. The law provides that property owners have the highest degree of duty of care towards a person classified as an invitee.

An owner of a property has a non-delegable duty to maintain its premises in a safe condition, to inspect for hidden conditions, and also a duty to warn the invitee of the dangers. Providing a warning of the dangerous conditions is usually required when injury would be foreseeable, despite the obviousness of the danger. Such duty to provide a warning arises in situations where the invitee would be distracted when encountering the dangerous condition. For example, while shopping at a store, a customer could be distracted and not see water on a floor which was recently mopped. However, by placing a bright colored sign on the floor, the store owner or occupier may prevent a customer falling and suffering injuries as a result of the wet floor.

A licensee, on the other hand, is a person who comes onto the premises without an invitation and solely for their own convenience. Their legal status in premises liability claims is equivalent to discovered trespassers. Once the owner discovers that a licensee or a trespasser is on the premises, the duty of care increases. From that moment on, the owner of the property has a duty of avoiding willful and wanton harm to the person. In addition, the owner has the duty to warn the person of a defect or condition known by the landowner to be dangerous, when such danger is not open to ordinary observation. As a way of example, when a property owner knows that a certain flight of stairs contains certain steps that cannot hold any weight, failure to provide proper warning to a licensee or a discovered trespasser of the dangerous condition will be a breach of their duty.

Keep in mind, if you are injured while at a commercial or state property, you should always request that a report be completed. If you feel the need for immediate medical assistance, do not hesitate to call 911 and have trained professionals diagnose your condition. Look around and determine whether any witnesses were able to observe the incident and the condition that caused your injuries. If you find a witness, take the person’s name, number and address. This information will be extremely useful in case a claim is filed against the property owner.

Do not wash or clean any of the articles of clothing you were wearing when the incident occurred. You should place your shoes and your clothing in a bag, as they will become important evidence for your claim.

In case you are considering pursuing a premises liability claim, you should be aware that depending upon the circumstances of your case, different laws may require you to act within a limited period. Such time periods vary. In circumstances where the claim does not involve death, normally, the time limitation is 4 years from the date of injury. Other circumstances, mostly plaintiff specific, may also change the manner in which the time limitation is applied. Therefore, in determining your options to bring a potential claim, it is extremely important to consult an attorney in a timely manner after the injury occurs.

Please be mindful that some procedural hurdles exist when you have been injured at a property owned by a state agency or a state subdivision. Failure to comply with the procedural conditions could potentially result in a dismissal of your claim. If you have any questions as to whether you may have a premises liability claim, please contact our office.

The attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.