When negligent actions or inactions lead to a building collapse, an injured party or their surviving relatives can pursue legal action to recover compensation. Several theories of liability can apply to these claims depending on factors such as who owns the building and what caused the accident.
A Miramar Beach building collapse lawyer could advise you on your legal rights and assist you in filing a lawsuit to recover compensation. Call today to schedule a consultation with one of our experienced construction accident attorneys at Emmanuel Sheppard & Condon.
Lawsuits for injuries caused by a building collapse usually depend on whether a plaintiff can prove negligence. These claims often require plaintiffs to collaborate with a seasoned lawyer in Miramar Beach to obtain evidence of what caused the building collapse. Personal injury claims for negligence require that a party establish that the defendant owed a duty of care to the victim. For claims involving a building collapse, the plaintiff will likely pursue a lawsuit against the commercial building owner.
If the building collapsed because of issues such as the owner’s failure to perform routine inspections and timely repairs, violating building codes, or a general failure to maintain the property in safe conditions, you could have a valid negligence claim. Commercial property owners are generally responsible for keeping their premises safe and warning visitors about potential dangers.
If the owner breaches their duty to maintain safe conditions on their property, you must also prove the breach was the direct cause of your harm and show that you suffered damages. The court will consider quantifiable economic damages, such as medical bills and lost wages. You may also pursue non-economic damages for things like pain and suffering and emotional distress.
If the building collapsed due to negligent actions by a construction employee, you could also have a claim against the worker’s employer under the state’s doctrine of respondeat superior. The doctrine holds an employer vicariously liable for negligent actions by employees while performing their job functions.
If the building collapse occurred due to negligence by more than one party, the state’s doctrine of modified comparative negligence could impact your ability to recover damages. The doctrine allows the court to limit the amount of monetary recovery by the plaintiff if their own negligence contributed to the incident, according to Fla. Stat. § 768.81.
You can recover damages in these claims if you did not contribute more than 50 percent of the negligence that caused the incident. If you are under that threshold, the court will reduce your compensatory damages in accordance with your percentage of fault.
This statute also addresses who is responsible for damages when a plaintiff pursues claims against multiple allegedly negligent defendants for a building collapse in Miramar Beach. The court will determine each defendant’s percentage of fault to calculate their liability.
When a building collapse leads to a victim’s death, their surviving family members or relatives could bring a wrongful death claim. The statute provides that a person killed as the result of negligence or wrongful actions by a third party does not lose their ability to recover damages upon death, according to Florida Statutes § 768.19.
State law requires that the wrongful death action is brought by the personal representative for the deceased’s estate for the benefit of their surviving heirs or close relatives, according to Fla. Stat. § 768.20. The statute defines survivors as the deceased’s spouse, children, parents, and siblings.
State law requires that the decedent’s representative bring a wrongful death action for building collapses in Miramar Beach within two years of the injured party’s death, according to Fla. Stat. § 95.11(4)(e).
A Miramar Beach building collapse lawyer at Emmanuel Sheppard & Condon can help protect your legal rights and pursue claims for compensation when you or a loved one are injured in an accident.
Our team of skilled legal professionals could advise on the necessary evidence to establish the cause of the collapse and help determine the appropriate parties to pursue legal action against. Call today to discuss your case in further detail with one of our knowledgeable attorneys.