Florida Premises Liability Lawyer
Millions of Americans enter stores, restaurants, amusement parks, hospitals and other establishments every day. On any given day, someone entering such an establishment gets hurt by slipping on a wet or dirty floor, tripping over objects in places where they shouldn’t be, by poorly maintained equipment or by having improperly stacked merchandise fall on them. Slip and fall, or struck-by accidents are not the only type of premises liability. Property owners owe all invitees a duty of care that extends beyond a simple cleaning and maintenance of the floors. Whenever you enter a premises, it should be kept in a reasonably safe condition. That includes the security of the premises against theft and assaults, the sturdy construction and sound condition of the premises, and the maintenance of fire alarms and sprinklers. Any place that is open to the public has a responsibility to maintain that establishment in a safe and clean condition. When an establishment fails to do so, they can be held responsible for injuries that occur as a result of their negligence. The injuries that victims of unsafe premises face can be substantial, as can be the compensation for those injuries.
While often no sum of money can repay a severe and permanent injury or condition, ensure that damages that are as great as you are owed can go a long way in creating a sound financial future for you and your family. If you have been injured due to the negligence of a property owner, contact our Florida premises liability lawyers with offices in Orlando, Fort Myers, Tampa, Jacksonville, West Palm Beach, Fort Lauderdale & Miami.
- Orlando Premises Liability
- Tampa Premises Liability
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- Fort Lauderdale Premises Liability
- West Palm Beach Premises Liability
Premises Liability Negligence
It is important to remember that a business is not responsible for injuries just because they happen on their property. We have to prove that the business did something wrong or failed to do something they were supposed to do (like cleaning the floor regularly). And, in terms of slip and fall accidents, the premises owner must have actual or constructive knowledge about the dangerous conditions. According to Florida statutes 769.0755 in order for the owner to be held liable for a slip and fall injury, the hazardous condition must have existed for a length of time that a party with an ordinary amount of care would have known about the condition, or the condition must have been a regular occurrence and therefore foreseeable. Contact one of or Florida law offices for immediate assistance if you were injured on another’s premises.
Types of Premises Liability Cases
Slip and falls top the list for most common premises liability cases, however, premises liability law extends beyond these scenarios. Other examples of when a business might be liable include injuries due to fires, dog bites, swimming pool incidents or toxic substances. One well-known premises liability case that occurred in Florida was Southstar Equity LLC v. Lai Chau. In this particular case Lai Chau rented an apartment owned by Southstar Equity. One night as she was getting out of her car in the apartment complex’s parking lot she was abducted. She was later shot three times in the head before being left for dead by her abductors. Lai Chau was awarded $15.7 million in damages. The lawyers who represented her built their case on the fact that the rental company had lied about the criminal activity near the apartment complex when they rented Chau her apartment. Chau’s lawyers also pointed out that the apartment had poor lighting and had not taken appropriate measures to increase security and prevent criminal activity. There are many types of premises accidents that we have experience with, including the following:
- Dog bites
- Slip and falls
- Elevator or escalator accidents
- Amusement park accidents
- Sidewalk or patio trip and falls
- Swimming pool accidents
- Toxic chemical or fume exposure
- Assault or theft due to negligent security measures
Our experience in these cases has taught us that many businesses will later deny that anything ever happened, or that they were at fault for anything, so it’s up to you to prepare yourself in case you need to make a claim. Many people recover completely from a slip or fall. Some, however, suffer serious injuries, especially to their shoulders, knees and backs that they never recover from, even after painful and expensive surgery. Those people can end up losing their jobs because they can’t do it anymore, and piling up medical bills they can’t pay. Our Florida premises liability lawyers can help.
If you do get hurt in a fall, here are some things to be aware of:
- Most important is to try and figure out what you fell in before you leave the business. Businesses usually clean the area up right after someone falls, so you usually only get one chance to figure it out. It makes a difference if you can say you fell in water, or liquid soap, for example, or if you can specify what you tripped over.
- If you have a camera on your phone, take pictures. Frequently, the business will not provide you with their pictures or video tape.
- If there were witnesses ask them for their contact information and for a statement about what they say and the conditions of the location where you fell.
- Make sure you file a report with management so that there is a record of what happened, and get the full names and addresses of anyone who saw it happen.
- Take the shoes you were wearing, put them in a bag in your closet, and don’t wear them again. They are important evidence.
- Get checked out by your doctor. If you don’t have one, call us and we will help you find the care you need.
- When you do go to your doctor, be absolutely honest about your injuries and whether you have ever had injuries like this in the past. Everything you say to your doctor becomes part of your permanent record, and sooner or later a lawyer for the business where you fell will be reading it.
Contact Our Experienced Florida Premises Liability Lawyers Today
If you need assistance in your case, don’t hesitate to reach out to the Pendas Law Firm immediately for help.