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Premises Liability Lawsuits

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Premises Liability Lawsuits

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Conditions That Lead To A Lawsuit

In Florida, property owners have a duty to maintain their property (premises) in a way that reduces the risk of injury to others. The area of law that applies here is known as premises liability law, and it applies to owners, tenants amd those in possession of shopping centers, grocery stores, parking lots, nightclubs, apartment complexes, and other commercial properties, businesses, homes, apartments, condominium, as well as public areas such as parking lots, amusement parks, hotels, schools, sporting venues, sidewalks and even roadways.

How Do You Prove Liability In a Premises Liability Lawsuit?

Property owners and other parties in control or possession of premises can be held liable if they knew or should have known about the dangerous condition and did not adequately repair the condition or warn against its existence. Although a landowner or possessor of land is not an insurer against all incidents that occur on a property, reasonable care must be exercised by the owner or possessor of property in maintaining in a reasonably safe condition.

Premises liability claims can be complicated as it may be difficult to prove that the property owner or the party in control of the property either created or knew or should have known of the dangerous condition. An injured party will have to produce evidence of negligence The mere occurrence of a fall that injures a person does not give rise to an inference of negligence, even if the fall resulted from a substance on the floor.

Under Florida law, the duty of care that a property owner or possessor of property depends upon the status of the person injured. Was the injured person invited onto the premises, either expressly or impliedly?  Was the person a trespasser? Was the person someone who the property owner allowed to be on the property even though his or her presence did not serve any possible benefit to the owner?  

Read– What is the Status of The Injured Party and is there a Duty to Protect?

What Are The Different Types Of Conditions That Lead To Florida Premises Liability Lawsuits?

Slip-and-fall accidents are the most common forms of premises liability lawsuits.  They involve a person slipping or tripping due to the presence of a hazardous or dangerous condition such as foreign substances (i.e. water, grease, food, oil, etc…) on the floor or an uneven surface such as a crack in the pavement. These incidents occur in a multitude of locations, including restaurants, hotels, grocery stores, condominiums, and on sidewalks. There must be a dangerous condition of the property owner or possessor of property either created or knew or should have known about in the exercise of reasonable care in order to have a viable premises liability claim.

Read: How much can you get for your slip and fall?

Interior Conditions

  • Stairwell falls: Obstructions on stairways, uneven steps or defectively built stairways or ramps without handrails, guardrails or which are too steep. Inadequate lighting, slippery stairs, loose or missing handrails, and rotting wood are all issues that can cause a slip or fall.
  • Obstructions or items in store aisles – box on the floor, dangerous plastic, fallen banana or other produce, hand Lotion or spilled milk
  • Dangerously or negligently displayed merchandise.
  • Elevator or escalator accidents – Uneven elevator to floor landings.
  • Malfunctioning doors or windows.
  • Single Step Falls.
  • Dangerous steps or railings (missing or damaged) due to the failure to maintain or adequately inspect these areas.
  • Falling objects: Falling products from store shelves.
  • Inadequate lighting – Poorly lit hallways or stairwells.
  • Injuries from fires, explosions, electrocution, chemical leaks or chemical inhalation.

Exterior Conditions

  • Negligent security: Injuries caused by negligent security at bars, concerts or events happen when a property owner has not hired sufficient security, has hired inadequate security or has not adopted enough security features, such as parking lot surveillance or adequate lighting to ensure the safety of the guests.
  • Parking Lot Falls: Missing wheel stops, handicap ramps, improper spacing of cars, unpainted speed bumps and the poor condition of a parking lot.
  • Amusement park accidents – See – Hurt at a Florida Theme Park? Did You Slip and Fall at Disney or Another Florida Amusement Park? Florida Premises Liability Law Controls Your Claim.
  • Collapsed decks and structures because of deferred maintenance or inadequate construction.
  • Swimming pool accidents: Swimming pool accidents typically involve drowning, a slip-and-fall accident or a head trauma as a result of slippery conditions or diving into a poorly or inadequately marked pool depth.
  • Playground accidents: caused by inadequate supervision or lack of maintenance of equipment.
  • Single Step Falls.
  • Ramp Falls.
  • Dangerous steps or railings (missing or damaged) due to the failure to maintain or adequately inspect these areas.
  • Falling objects: Falling materials from construction sites.
  • Inadequate lighting – Poorly lit parking lots, entryways or stairwells.
  • Dog attacks – See – Dog Bites: Is Your Landlord Liable in Florida?
  • Injuries from fires, explosions, electrocution, chemical leaks or chemical inhalation.

 

7 things to do if you are injured at a Business or Commercial Location:

  1. Report the occurrence to someone at the injury location
  2. Be accurate and ask for a copy of any prepared incident report
  3. Be truthful to whom you are reporting the incident because the report can be used against you
  4. Do not over or understate your injury
  5. Be aware that businesses have surveillance
  6. Write down the contact information of witnesses or at least the names of any employees
  7. Seek proper medical attention

 

Want to Know More? Talk With a Premises Liability Lawyer

Since 1982, Alan Sackrin has represented clients throughout Florida in recovering monetary damages for slip & fall, trip & fall, and other premises liability injuries. Alan is a reputable Board Certified Civil Trial lawyer that strives to protect the rights and best interests of his clients.  Alan brings a high level of skill and representation to slip and fall cases. He offers a free and informative consultation, so call him today at 954-458-8655.

 

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Call (954) 458-8655

Don’t wait to contact Alan to find out how he can help you. You can contact him by phone at 954-458-8655 or by e-mail through this website to schedule an appointment and learn more about your rights from a Florida slip and lawyer. He offers a free initial consultation.

 

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