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Fort Lauderdale Premises Liability Lawyer

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Florida’s premises liability laws allows people who are injured or killed at homes, businesses, and public places to sue the property owners and governments to recover incurred losses.

The law applies to many circumstances, including slipping and falling, so the best recourse for those harmed on another’s property is to quickly contact a Fort Lauderdale premises liability lawyer for a free consultation without obligation. An experienced injury lawyer in Fort Lauderdale from Kogan & DiSalvo can determine if a valid case exists.

Florida Premises Liability Law

An empty courtroom facing the judge's bench

Under Florida law, liability rests with the property owner/manager if the owner knew about a hazard, did not correct it, or did not put others on notice of the hazard.

In Broward County, premises liability does not apply if the property owner did not know of the hazard and therefore could not foresee that someone could be injured.

Legal Status

Open sign on the front of door of a business

Why the injured person was on the property determines if the injured party has the right to bring a case. Premises liability law establishes three general classifications, invited guests, licensees (meaning visitors), and trespassers. An experienced premises liability attorney in Fort Lauderdale can help an individual understand the specific circumstances surrounding an invited guest.

  • Public invitee: People entering a place that is open to the public for a specific purpose, such as stores, sporting stadiums, concerts, and parks
  • Business invitee: People hired by the property owner to perform work or conduct other business on the property
  • Licensee by invitation: Guests in homes for socialization
  • Uninvited licensee: People who visit a property uninvited for their own convenience
  • Trespasser: People who come onto the property without the owner’s permission for their own reasons

Burden of Proof

Female defense attorney in courtroom presenting a case

Those who are injured must prove by a preponderance of the evidence that they were authorized by the property owner to be on the property when the injury occurred and therefore the property owner had a duty to ensure their safety.

They must also prove that the property owner was liable for the injury by knowing or having constructive knowledge (knowing a fact) of the hazard and that failing to correct the hazard caused the injury and monetary damages resulted.

The property owner, however, does not have a duty to protect a trespasser from harm.

The exception is a known trespasser, such as school children who cross the property on the way to and from school. If the property owner knows about their shortcut, then liability exists.

Attractive Nuisance Doctrine

Another exception is if the property has an attractive nuisance. For example, a homeowner is liable if the backyard gate is left open, exposing a swimming pool to the street, and a child sees the pool and trespasses to gain access to the pool and suffers harm.

Statute of Limitations for Premises Liability Cases

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Florida law requires premises liability cases be filed within two years of the event, including if the incident caused death. The statute of limitations must be met or the suing party will be forever barred from bringing legal action in the matter. A premises liability lawyer in Ft Lauderdale can help an individual with swiftly filing a claim.

Role of an Attorney

The attorneys at Kogan & DiSalvo in front of their office building

Fort Lauderdale premises liability lawyers will conduct an independent investigation that includes reconstructing the event, taking photographs, making diagrams, and proving that the property owner knew or should have known about the hazard. These are accomplished by interviewing the property owner and witnesses under oath and gathering physical evidence supporting the claim.

Many civil cases are settled between the parties. A premises liability attorney in Fort Lauderdale will negotiate with the defendant’s insurance company to achieve a settlement that is fair and satisfactory to the client.

Fort Lauderdale injury lawyers often work on a contingency basis. If they do not prevail, no legal fees are charged. If the case succeeds, the lawyer takes the fee from the damages awarded.

Total reviews: 1020 |

Average rating: 4.9

5

I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you. If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.

5

From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.

Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.

Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..

5

My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.

5

Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!

5

Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.

5

I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏

5

Really nice and friendly people to work with

5

Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!

5

Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm

5

Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!

5

Very great and didn’t forget about us thank you so much

5

Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.

5

Everyone was very professional and nice

5

Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you

5

My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.

5

I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!

5

Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.

Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.

I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.

5

We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.

5

Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.

5

Jessica and jay the best attorneys that can handle your case

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