Tampa Premises Liability Lawyer
You may have heard about the “duty to act with care” before in other settings, such as on the highway behind the wheel of a car. This term, this idea that we must all act in reasonable ways that do not unnecessarily put others in great risk of harm, is also applied to establishments. Business owners and property owners must make sure that their places of business, or their homes, are safe for all invitees (customers or people that are invited into a building, property, or house). This means that if a handrail breaks on a flight of stairs and sends an invitee tumbling to the ground, the business or property owner will be held financially responsible for that person’s medical bills, pain and suffering, and lost wages.
Premises Liability Situations
If an employee gets sick from being exposed to hazardous chemicals at work, not only would they be able to receive workers’ compensation, but they may also be able to file a personal injury lawsuit on the basis that the premises was not safe to begin with. Contact our experienced Tampa premises liability lawyers today, unsafe premises liability lawsuits stem from many the following conditions:
- Slips, trips, and falls caused by water, ice, snow, broken steps, grease, spilled food or merchandise, extension cords, cracks, peeling or failing ceramics; unmarked steps up or down, and potholes. Ninety-five percent of hip fractures among the elderly are caused simply by falling, not traumatic car accidents, according to the Centers for Disease Control and Prevention;
- Hazardous chemicals or gases such as asbestos, lead, mercury, carbon monoxide, or other air pollutants;
- Inadequate security measures, called negligent security, which consists of poor lighting in parking areas, lack of a bouncer in a nightclub, lack of security cameras or fencing, and other measures that should have lawfully been taken to prevent violent crime and theft. Tampa’s violent crime rate is high at 5.85 violent crimes per 1,000 residents taking place annually, according to neighborhoodscout.com. Victims of these crimes may find that the premises on which the crime occurred was not safe, and therefore also to blame for the crime occurring; and
- Dangerous machinery, falling objects that were stacked or stored in an unsafe manner, electrocution due to faulty wiring, and many other types of premises neglect.
In order for negligence to have occurred, in Florida it must be proven that the business or property owner had prior knowledge of the poor condition of their business or property. The two types of knowledge are “actual” and “constructive.” Actual knowledge is hearing about a slippery floor from an employee or seeing it firsthand. Constructive knowledge is realizing that it is raining outside; an ordinary person would come to the conclusion that rain outside means that the front linoleum entrance may become slippery from people’s wet shoes, and that they should put a caution sign or matts in the entrance to prevent puddles from forming. In most cases, we will not have an issue proving that the owner or manager had either actual or constructive knowledge, though it is best to always take photo evidence and gather witness contact information at the time of the accident, as well as to report the incident to the manager and seek medical attention immediately afterwards.
Contact our Experienced Tampa Premises Liability Lawyers Today
Have you suffered injuries due to unsafe premises in Tampa? Don’t hesitate to contact an experienced Tampa premises liability lawyer with the The Pendas Law Firm at 1-888-573-6327 today.