Premises Liability

Under premises liability law, should your client incur an injury while lawfully on someone else's property, the owner of the property is deemed responsible for any damages arising out of an injury to your client if the owner's negligence caused your client’s injury. In all states, property owners must make a reasonable effort to maintain a safe environment for their visitors.

There is an assumption that a premises liability case is simply another term for a slip, trip and fall case. This is misleading. Premises liability law encapsulates so much more, including dog bites, amusement park accidents, and even negligent security claims that could involve rape or murder.

Premises liability cases are notoriously difficult to litigate. Yet, Morgan & Morgan has a long record of successful verdicts and settlements, recovering $150 million in the first half of 2022 alone. On May 31, 2022, a Florida jury returned a $7.1 million verdict for a Morgan & Morgan client who was injured by an electric door in Home Depot.

While most firms bury premises liability within their personal injury practice, Morgan & Morgan has a dedicated premises liability group with over 100 attorneys who have the experience and expertise to go up against even the most determined opposing counsel. Additionally, the vast majority of our attorneys were formerly on the defense side of the same field, allowing us to evaluate cases from both the plaintiff and defense perspectives.

Expedited Go-To-Trial Strategy

Defendants in premises liability cases have a number of affirmative defenses at their disposal. These include the Open and Obvious doctrine and lack of actual or constructive notice defense. For this reason, premises liability cases do not typically settle in pre-suit. Our attorneys recognize this and flip cases into litigation earlier in order to obtain fair value for clients. Morgan & Morgan premises liability attorneys are seasoned trial attorneys ready to try these cases. Further, we have the resources to front the costs associated with bringing these cases to trial.

Institutional Knowledge of Corporate Defendants

Our attorneys have numerous cases against each of the typical premises liability corporate defendants, including Publix, Wal-Mart, Home Depot, Lowe’s, Dollar General, Target. This gives us an advantage because we are very familiar with the corporate defendants’ policies and procedures, which we use as evidence to prove a breach of their duties to maintain and warn.

In order for our expert attorneys to evaluate your client’s claim, there are a few things they will need:

Photos or videos taken of the dangerous condition that caused the incident
A copy of the incident report
A written description of the dangerous condition that caused the incident

And remember, premises liability cases don’t always look like the classic slip-and-fall. Some other case types we handle include:

Dog Bite Claims
Negligent Security Claims including Murder, Rape, Shootings
Violation of Statutory Rights of Developmentally Disabled Persons
Violation of Statutory Rights of Vulnerable Adults
Violation of Florida Education Equity Act
Civil Sexual Abuse, Assault, and Harassment Claims

Additionally, a workers’ comp case may potentially be connected to a premises case. Under the Workers’ Compensation Law, if a covered employee is injured in a work-related accident by the negligence or wrongful act of a third party, that employee may both accept compensation benefits and, at the same time, pursue a civil action against the third-party tortfeasor.

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