Premises Liability Lawyer in Palmetto, FL

Premises Liability Lawyer in Palmetto: Pursue Justice Under Florida’s Revised Laws

Premises liability lawyer in Palmetto should be aware of significant changes in Florida law with the passage of HB 837 in March 2023. At Hardball Law Firm, we help injured individuals understand these updates and seek fair compensation. Whether it’s a slip-and-fall, unsafe conditions, or other property-related injuries, navigating the new legal framework requires experienced representation.

Our firm specializes in premises liability cases and stays updated on legal changes to effectively advocate for clients in Palmetto.

Key Changes to Premises Liability Under HB 837

The Tort Reform Bill (HB 837) introduced new requirements for premises liability cases, including:

Modified Comparative Negligence

One of the most impactful changes under HB 837 is the adoption of a modified comparative negligence standard. Previously, under the pure comparative negligence system, plaintiffs could recover damages even if they were predominantly at fault for their injuries. For example, if a plaintiff was 90% responsible for an accident, they could still recover 10% of the damages.

Now, under the new standard, plaintiffs are barred from recovering damages if they are found to be more than 50% at fault for their injuries. This shift significantly reduces the ability of injured parties to secure compensation in cases where liability is shared. It also gives defendants greater leverage in settlement negotiations, as plaintiffs face the risk of being completely barred from recovery.

This change underscores the importance of building a strong legal case with experienced representation. Our Palmetto premises liability attorneys at Hardball Law Firm focus on gathering compelling evidence to minimize the plaintiff’s assigned percentage of fault and maximize the chances of a favorable outcome.

Heightened Proof for Property Owner Liability

Under HB 837, proving liability has become more challenging for plaintiffs. The revised law requires plaintiffs to demonstrate that property owners knew or should have known about the hazardous condition that caused the injury. This legal standard, known as actual or constructive knowledge, is stricter than the previous negligence standard.

Mere negligence or oversight is no longer enough. Plaintiffs must provide evidence that:

The dangerous condition existed long enough that the property owner should have reasonably discovered and addressed it.
The property owner had prior knowledge of similar hazards or incidents and failed to act.

For example, if a spill occurs in a grocery store, a plaintiff must prove that it was present long enough for the staff to notice and clean it up. This heightened standard places a greater burden on plaintiffs, making the expertise of skilled attorneys essential for gathering evidence such as surveillance footage, maintenance logs, and witness testimony.

Inadequate Security Claims

Claims involving injuries caused by third-party criminal acts have also been significantly altered. HB 837 establishes a presumption that property owners are not liable for these injuries if they have taken certain preventative measures. These measures may include:

Installing adequate lighting in parking lots and walkways.
Maintaining surveillance cameras or other security systems.
Employing on-site security personnel.

To overcome this presumption, plaintiffs must present substantial evidence showing that the property owner’s security measures were insufficient or that the owner failed to address known risks. This change is particularly relevant in cases involving apartment complexes, shopping malls, or other properties where criminal activity is a concern.

These new requirements create additional hurdles for injured parties, but our attorneys are well-versed in addressing these challenges. We work diligently to gather evidence that highlights gaps in security measures and proves the property owner’s accountability.

Premises Liability Claims Process at Hardball Law Firm

Our attorneys guide clients through every step of their premises liability case, ensuring compliance with the new legal standards:

Case Assessment and Legal Strategy
- Free consultation to evaluate your claim under HB 837’s updated requirements.
- Development of a tailored strategy to prove the property owner’s knowledge or constructive knowledge of the hazard.
Comprehensive Evidence Collection
- Investigation of property maintenance records and prior incident reports.
- Collaboration with safety experts to establish non-compliance with safety standards.
Demand Letter and Negotiations
- Presenting a detailed case to property owners and insurers, seeking fair compensation.
- Leveraging the new comparative negligence rules to negotiate advantageous settlements.
Litigation and Court Representation
- Trial-ready advocacy if settlement negotiations fail, ensuring your case meets HB 837’s requirements.

Common Premises Liability Cases

Our firm handles a range of premises liability claims, adapting to the new legal landscape:

Slip-and-Fall Accidents: Caused by wet floors, uneven walkways, or poor maintenance.
Swimming Pool Accidents: Resulting from insufficient safety barriers or improper maintenance.
Building Code Violations: Injuries caused by structural hazards or code non-compliance.

What HB 837 Means for Property Owner Accountability

Under the revised law, property owners in Florida are held to stricter standards:

Liability now hinges on whether the property owner had actual or constructive knowledge of the dangerous condition.
Owners are shielded from liability for third-party criminal acts if specific preventative measures are in place.

These changes place greater responsibility on plaintiffs to prove their case. Our attorneys ensure all available evidence is used to hold negligent property owners accountable.

Why Choose Hardball Law Firm?

At Hardball Law Firm, we combine legal expertise with compassionate support to guide clients through the complexities of premises liability law in Palmetto, Florida:

Local Knowledge: Serving Palmetto residents with tailored legal strategies.
Aggressive Representation: Standing firm against insurers and property owners.
Proven Results: Successfully navigating Florida’s updated premises liability laws.

Schedule Your Free Consultation with Hardball Law Today

If you or a loved one has been injured on someone else’s property, Hardball Law is here to help you seek justice and secure the compensation you need. Our team is committed to advocating for your rights and providing the support you deserve.

Contact us today by calling 941-807-7555 or using our Contact Us form to schedule a free consultation. Let Hardball Law Firm protect your rights and guide you on the path to recovery.

Additional Personal Injury Resources

For more information on related cases and legal support from Hardball Law, explore the following pages:

Slip and Fall Lawyer Palmetto
Catastrophic Injury Lawyer Palmetto
Spinal Cord Injury Lawyer Palmetto

Frequently Asked Questions

Premises liability law holds property owners responsible for maintaining safe conditions on their premises. If someone is injured due to unsafe conditions, such as a wet floor, poor lighting, or inadequate maintenance, they may have the right to seek compensation. However, recent changes under Florida’s HB 837 have introduced stricter requirements for proving liability, making it essential to work with an experienced attorney.

With the passage of HB 837 in March 2023, Florida implemented new standards for premises liability cases. Key changes include the adoption of modified comparative negligence, barring plaintiffs from recovery if they are more than 50% at fault, and the requirement to prove property owners had actual or constructive knowledge of a hazardous condition. These updates raise the burden of proof for injured parties, emphasizing the need for thorough evidence collection and legal expertise.

Premises liability cases cover injuries caused by unsafe property conditions. Common examples include:

Slip-and-Fall Accidents: Wet floors, uneven walkways, or icy surfaces.
Swimming Pool Accidents: Insufficient safety measures or poor maintenance.

Building Code Violations: Structural hazards or code non-compliance.
Our attorneys handle a wide range of premises liability cases, ensuring each client receives the tailored representation they need.

Premises liability cases are often complex, requiring clear evidence of unsafe conditions and proof that the property owner knew or should have known about the hazard. An experienced lawyer can:

Investigate the property and collect evidence such as maintenance logs and witness statements.

Build a strong case to minimize the plaintiff’s fault percentage under modified comparative negligence rules.
Navigate the legal system and negotiate with insurers to secure fair compensation.
At Hardball Law Firm, we’re committed to guiding clients through these challenges and achieving the best possible outcome.