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Generally, you can only file a claim after an injury in a public place if an attorney establishes gross negligence or intentional misconduct. Reviewing your legal options with an attorney can help you better understand your situation.
Can You Get Compensation if Injured in a Public Place?
Some individuals can secure compensation after an accident in a public place. However, getting compensation in this situation is more complex than filing a claim after an accident on private property.
Florida’s premises liability laws allow individuals to file a claim for compensation after an accident on someone else’s property. In most cases, a lawyer just has to prove that a property owner failed to remove (or warn for) a hazard on their property, resulting in an accidental injury.
Additional considerations may apply to injuries sustained in public places owned or maintained by government entities. Government entities often have immunity from certain types of lawsuits, making pursuing a premises liability claim more challenging.
Can You File a Premises Liability Claim Against a Government Entity?
A Fort Myers personal injury lawyer may help you file a claim against a government entity in some cases. A lawyer can look at exceptions to governmental immunity, such as cases involving gross negligence or intentional misconduct.
A personal injury attorney can explore the possibility of filing a premises liability claim for injuries sustained in a public place and provide valuable information to help you understand your legal options.
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Learn About the Basics of Premises Liability
The concept of premises liability is layered but simple. Premises liability refers to the legal responsibility of property owners to maintain a safe environment for visitors.
This responsibility extends to common locations where premises liability occurs, including both private and public properties.
Duty of Care in Public Places
Public places must ensure the safety of individuals who visit these areas. These places can include:
- Parks
- Public sidewalks
- Government buildings
- Parking lots
- Public swimming pools
The duty of care may vary depending on the type of public place and the specific circumstances. For example, a government entity may have different obligations compared to a privately owned business.
Regardless, you may file a premises liability claim if you were injured in a public place in some cases.
Accidents can happen anywhere, including public places. If you sustained injuries in a public place due to unsafe conditions, a lawyer can help you file a premises liability claim.
How Can I File a Claim After an Accident in a Public Place?
If you’ve sustained a personal injury in a public place like a mall or restaurant, you can file a premises liability claim successfully by taking these steps:
Prioritize Your Health
Seek immediate medical attention for your injuries to ensure your well-being and establish a medical record for your claim. You may need treatment for a concussion or broken bones after an accident.
Consult a Premises Liability Lawyer
Contact an experienced premises liability lawyer, like Viles & Beckman, who will assess your case, explain your legal options, and provide guidance about legal action available to an injured person.
Report the Accident
Report your accidental injury on public property to increase your chances of securing fair compensation. If possible, get a copy of the accident report.
Click To ContactHow Can a Lawyer Help with an Injury on Public Property?
A lawyer can help with every aspect of your personal injury claim. Your premises liability attorney can begin by helping you determine if you can file a premises liability claim if you were injured in a public place.
Your lawyer can also focus on:
Investigation and Evidence Collection
Your lawyer will thoroughly investigate, collecting evidence such as photos, witness statements, and incident reports to establish negligence.
Establish Liability and Damages
Your lawyer will work to prove that the property owner breached their duty of care, caused your injuries, and calculate your damages.
Handle Notification and Demand
Your lawyer will notify the property owner of your claim and present a demand letter outlining your case and compensation expectations.
Handle Negotiations and Settlement
Your lawyer will negotiate with the property owner’s insurance company to reach a fair settlement, always advocating for your best interests.
Going to Trial
Your lawyer may recommend filing a lawsuit and representing you in court if the insurance company does not agree to a settlement.
Throughout the process, your premises liability lawyer will handle all your legal needs, communicate with involved parties, and tirelessly pursue your claim to secure compensation such as:
- Medical bills
- Lost wages
- Pain and suffering
- Reduced quality of life
- Possible punitive damages
Learn more about premises liability accidents involving government agencies and public property today.
Complete a Free Case Evaluation form now
How to Successfully Establish Negligence in a Premises Liability Case
Lawyers successfully establish negligence in premises liability cases involving public property by gathering evidence, such as:
- Pictures of the scene and injuries
- Statements or contact information from witnesses
- Copies of incident reports
- Surveillance footage, if possible
To file a premises liability claim for an injury sustained in a public place, you must establish negligence on the part of the responsible party. Negligence occurs when the property owner fails to fulfill their duty of care, resulting in an unsafe condition that causes harm.
Collecting evidence of a dangerous condition may help establish negligence.
What Common Issues Arise in Premises Liability Cases?
Common issues for premises liability claims involving public property include:
- Denial of liability
- Low settlement offers
- Challenging the validity or extent of injuries
- Disputes over negligent behavior
- Stall tactics
- Comparative negligence disputes
Having an attorney will mitigate some challenges with insurers or the responsible party during a premises liability case.
Dealing with insurers or responsible parties can be challenging, especially when they employ these tactics to minimize their liability or the compensation owed.
An experienced premises liability lawyer from Fort Myers can help you navigate these common issues, negotiate effectively, and protect your rights throughout the claims process.
Learn More About Your Options if You Sustained Injuries in a Public Place
Can you file a premises liability claim if you were injured in a public place? In some situations, you may file a claim as the injured party.
Our team at Viles & Beckman can assess your situation and provide more details about your options when you call or fill out our online contact form.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
