Slip and Fall- Premise Liability Injury Cases
Slip and Fall- Premise Liability Injury Cases
As a result of slip and fall-premise liability injury cases, there are a variety of ways people get injured on the property of others. A common type is from “Slip or Trip” and fall incidents. The mere fact that one is injured on another’s property does not mean one has a claim or case. The injury must result from the property owner’s “negligence”. Negligence is the legal doctrine where a party has a duty of care towards another, and thru their actions breaches that duty. If a person is injured as a result of that breach of duty, (a legal doctrine called proximate cause) then they are responsible for another’s injury. Simple examples of a negligent act may be a leaking appliance that causes someone to slip or trip. The omission or failure to repair the appliance may be negligent. Perhaps a property owner was doing some remodeling and failed to put away tools in a common area where the public was walking and someone tripped over the tools. That could be another example of negligence. Whether the property owner has a shopping mall, supermarket, sports arena, or is a homeowner, they have a duty to reasonably maintain their property.
It is important to contact an attorney immediately to determine what parties may be responsible for you injuries. Frequently a property owner may delegate responsibility for his property to a maintenance company, cleaning company or Management Company. Sometimes other businesses may be involved such as landscapers or tradesman who has done work on the property. You must contact your attorney to establish who is responsible for your accident. These types of cases can be difficult to prove and require significant ability and experience to resolve.
South Florida has a large population of senior citizens. As a result many businesses cater to senior citizens. This segment of our population often has physical limitations and problems that others of our society do not have. Property owners who cater to this segment of our population may be held to a different standard in maintaining their property. Please contact our office if you are a senior citizen who has questions as to whether you may be entitled to compensation for your injury.
Other Premises Liability claims may involve a lack of security on the premises allowing violent crimes to occur. When violent acts have occurred on the premises in the past, such as muggings, rapes or murders, it is possible the property owner should have taken security measures to prevent the incident that caused your injuries.
In addition south Florida has a large number of swimming facilities that require special care by the owner. Swimming pool drowning may occur as a result of the negligent maintenance or supervision of a facility. This can occur in situations where a Swimming Pool is not fenced in or lacks other safety features.
In certain situations drunk driving may involve a Premise Liability Claim. When alcohol is dispensed to minors, or to people who are known to be intoxicated, then the premise where the individual received the alcohol may be held accountable for the drunk drivers actions and resulting damages.
Still another form of Premise Liability claim is the dog bite. The law in Florida is very clear. If a dog bites another, the owner of the dog is responsible. Contrary to popular rumor, in Florida dogs do not have to be deemed vicious, nor do they get a “free bite”. The owner is responsible for their pet no matter how well trained they may be, no matter how docile they were in the past, and no matter if they may have been provoked. Of course your actions may reduce the dog owner’s responsibility if you were trespassing or teasing a dog.
The main issue with dog bite cases is whether the dog owner has insurance or assets to collect against. The recent trend in the insurance industry is to limit the homeowners protection when it comes to their pets. This is especially so when someone has a breed of dog that is known for their aggressiveness. Many people who own pets may not own a house and frequently do not have insurance or other assets to pursue. Please contact our office so we may investigate your claim, your injury and your chances of receiving compensation in light of the aforementioned.
If you are injured in a Slip and Fall-Premise Liability Injury Cases situation, it often takes an experienced lawyer to interview you, obtain the facts of the incident and make the determination if you have a claim for damages. Evan Krakower has personally handled thousands of those types of cases and will personally inform you of your rights to recover damages for your loss. Allow us to look into the circumstances of these events to determine if someone’s negligence was the cause of your damages.