Property owners who invite you onto their property must take reasonable steps to ensure your safety. In fact, even trespassers get some protection in Florida, especially if there are known trespassers on a property or if owners create conditions that entice trespassers, such as an unsecured swimming pool.
If you get hurt on someone’s property and the owner or occupier was to blame because they failed to maintain a safe space or warn you of the dangers, then you may be entitled to monetary compensation. You’ll need to bring premises liability law claims to get that compensation, though.
Pursuing claims against property owners can be complicated because there are different standards that apply depending on why you were on the property in the first place.
Diaco Law has extensive experience representing clients in property injury claims and can provide the advocacy and advice you need to maximize your chances of getting full compensation for losses. Contact us today to talk with a Tampa premises liability lawyer to find out how we can fight for you.
Meet Diaco Law Firm’s Tampa Premises Liability Attorneys
Joseph F. Diaco, Jr., Esq.
Founder & Attorney
Joseph F. Diaco, Jr. (Florida Bar No. 65201) is committed to helping injury victims in personal injury claims. Mr. Diaco began building a reputation as an aggressive advocate while litigating complex insurance cases early in his legal career beginning in 1995. For nearly 2 decades, Mr. Diaco has managed thousands of injury claims, deposed hundreds of experts (including doctors), and successfully handled dozens of jury trials.
Daniel S. Diaco, M.D., J.D.
Partner & Attorney
Throughout his career, Dr. Daniel Diaco (Florida Bar No. 127123) has worked as a medical expert evaluating the medical aspects of injury cases. Now, he is able to use his dual degrees in medicine and law and his 25 years of medical experience, education, and training to evaluate both the medical and legal aspects of personal injury and medical malpractice claims. Dr. Diaco has been an aggressive medical advocate for his patients for over two decades.
Scott A. Arthur, Esq.
Partner & Attorney
Scott A. Arthur (Florida Bar No. 15889) joined Diaco Law as a partner in 2020. Previously, Mr. Arthur was a shareholder at Gunn Law Group, P.A., where his practice focused on representing policyholders and the injured in claims against insurance companies, including cases involving disputed insurance coverage and bad faith. Mr. Arthur has jury trial and appellate experience in both state and federal court, and has litigated hundreds of personal injury and insurance cases on behalf of injured victims and Florida policyholders who have been denied fair compensation.
How Do Premises Liability Claims Work?
Premises liability laws govern injuries that occur on property due to dangerous property conditions. Common examples include:
- Slip and fall claims
- Food poisoning
- Swimming pool accidents
- Accidental drownings
- Elevator accidents
- Acts of violence due to negligent security
- Dog bites or animal attacks
- Amusement park accidents
In these and other premises liability accidents, the injuries that occur could often have been prevented with proper diligence — and the owners or occupiers who failed to exercise it may be responsible for paying for medical bills, lost wages, pain and suffering, and emotional distress damage.
When is a Property Owner Liable for an Injury on Their Property?
A property owner or occupier (such as a renter) is legally responsible for compensating a victim injured on their property if the owner/occupier failed to fulfill a legal obligation to the victim.
Property owners have a duty to those who come into their space, but the specifics of that obligation vary depending on how the visitor is classified. A visitor could be:
- An invitee. Invitees are there for the benefit of the property owner, such as to do business with them. Customers in a store or a restaurant are a good example. Invitees are owed the highest degree of protection under the law.
- A licensee: Licensees are there for the owner’s and visitors’ mutual benefit. Friends and neighbors over on a casual visit would be licensees. They are owed an intermediate duty of care
- A trespasser: Trespassers are uninvited guests. They’re owed the lowest duty. Property owners can’t set traps and must warn known trespassers of serious dangers. If the property owner creates an “attractive nuisance” like a swimming pool that’s inviting to others and dangerous, the property owner must take additional steps to keep trespassers safe from the hazard.
A Tampa premises liability lawyer will help you determine your classification, as well as the specific duty owed to you, and will work with you to prove the duty was breached so the property owner can be made to compensate you for losses.
How Can Diaco Law Help With a Tampa Premises Liability Claim?
It’s important to hire a Tampa premises liability lawyer in the aftermath of a Florida premises liability accident because these types of cases can be complicated.
At Diaco Law, we’ll navigate the legal system on your behalf, taking care of a variety of important tasks, including:
- Obtaining security camera footage, witness testimony, police reports, maintenance logs, photos from the accident scene, medical records, and other evidence that’s necessary to put together a strong claim.
- Helping you to craft the right legal arguments to show what duty the property owner owed you and how they fell short.
- Working to negotiate an out-of-court settlement with the homeowner’s insurer or property liability insurer that represents the property owner and that will pay your damages.
- Going to court if necessary to get you the fair compensation you deserve for medical bills, lost wages, pain and suffering, emotional distress, and other damages
These are just some of the many tasks our compassionate and knowledgeable legal team will take care of on your behalf after you get hurt on someone else’s space.
Getting Help from a Tampa Premises Liability Lawyer
There is a time limit for bringing your claim, and insurance companies often try to pay you as little as possible, so you need to make sure you get the right advocate in place ASAP to move your case forward and stand up for your rights.
Contact Diaco Law at (813) 221-7978 today to schedule your consultation with a Tampa premises liability lawyer and learn more about how our firm can fight for you to get you the justice you deserve.