Under Florida’s premises liability principles, property owners are required to take precautions to prevent foreseeable risks of harm to those who come onto their land or into their business. This includes reducing the potential for accidents caused by electric shock or electrocution. The property owner’s duty can vary depending upon the reason for the guest being on the defendant’s property, with a higher duty being owed to those who venture onto the property for a business or social purpose than to those who are considered trespassers. If you or a loved one has been hurt because of a property owner’s failure to take reasonable precautions to prevent injuries such as electric shock, the Pembroke Pines premises liability lawyers at Cohn & Smith can help you pursue compensation from the responsible party.Seeking Compensation for Electric Shock or Electrocution
Premises liability cases arising from accidents on another party’s property fall under Florida’s negligence laws. To prove negligence, a plaintiff must be able to show that the defendant owed a duty of care, that the defendant breached the duty, that the defendant’s breach of duty was the cause of the plaintiff’s injuries, and that those injuries resulted in damages. The plaintiff must prove each element by a preponderance of the evidence.
With regard to the duty element, the plaintiff is usually characterized as an invitee, a licensee, or a trespasser. Property owners owe the highest level of care to invitees, who are people who are on the property for a business purpose, such as shopping or eating at a restaurant. Licensees also are owed a duty of care that includes warning of known defects and making periodic inspections of the premises for hazards.
Florida law limits the duties of property owners with respect to those who do not have permission to be on the property at the time of the accident. However, this area of the law is more relaxed in certain situations, including cases involving children and sometimes swimming pools. A property owner may assert the defense of comparative fault in some situations. If the plaintiff is found to be partly responsible for the accident, he or she usually will be entitled to an award that is proportionate to the percentage of fault assigned to the defendant.
Negligence lawsuits arising from an electric shock or electrocution must be filed in a timely manner. For personal injury cases, the statute of limitations allows four years in most situations, but wrongful death actions must be filed within two years. It is prudent to seek counsel sooner than this, however, so that the case may be properly investigated while the evidence is still fresh. A delay of even a few weeks or months can be very costly. The defendant’s insurance company usually has a team working on the case from the minute they hear about the accident. An injured person or the family of a person killed in an electric shock or electrocution accident should have someone looking out for their interests as early in the process as possible.Discuss Your Premises Liability Case with a Pembroke Pines Lawyer
If you or a family member has suffered an electric shock injury on someone else’s land, you may be able to recover compensation for your harm or your loved one’s wrongful death. This may include compensation for medical expenses, lost wages, pain and suffering, and other losses. To talk to a knowledgeable Pembroke Pines premises liability attorney about how to get started on your case, call Cohn & Smith at 954-431-8100 or contact us online and ask for a free consultation. Our injury attorneys represent people in many cities across South Florida, including Fort Lauderdale, Davie, Weston, Aventura, Hollywood, Sunrise, Tamarac, Coral Springs, Pompano Beach, and communities throughout North Dade County. Most cases are accepted on a contingency fee basis, so it is not necessary to pay legal fees upfront.