PREMISES LIABILITY – NEUFELD & KLEINBERG, PA – FLORIDA
Business owners and property managers have a duty to provide a safe environment to consumers or visitors on their premises. If negligence or inattention leads to a slip and fall injury, trip and fall injury or attack on the premises, it is crucial to contact an experienced premises liability personal injury lawyer as soon as possible.
At The Injury Claim Law Firm, we have represented countless injured individuals who were hurt on another person’s property. Whether this injury occurred in a parking garage, shopping center, uneven pavement at a construction site, slippery floor in a supermarket or apartment complex, it is important that you gain a clear understanding of your options for monetary recovery.
Many property defects can give rise to a slip and fall or trip and fall premises-liability case, including:
- Wet or oily floors (may lead to slip and fall injuries)
- Inappropriate lighting (may lead to higher risk of assault or trip and fall)
- Broken or uneven pavement
- Potholes
- Broken railings
- Defective stairs / hidden steps / loose steps
- Overgrown or incorrectly placed landscaping
- Inadequate warnings
- Hidden extension cords
However, not every premises liability case involves a trip and fall or slip and fall. Premises liability cases can result from:
- Defective elevators or escalators
- Broken automatic doors
- Swimming Pool Accidents
- Defective wiring leading to electrical burns
- Inadequate security resulting in attack or assault
- Fires
- Amusement park accidents
- Dog bites
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Based on the situation, you might be entitled to hold the property owner responsible for your accident. Schedule a free consultation with an attorney at either of our area offices. We will listen to the facts of your situation and provide an honest case evaluation including any obstacles you might face.
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PREMISES LIABILITY CLAIM AGAINST LANDLORDS & PROPERTY MANAGERS
Florida follows an Open and Obvious Doctrine, meaning that when an injury is caused by an apparent condition, the landlord will not be held accountable for damages. However, such hazards are not absolutely barred, because landlords also have a duty to maintain their properties in a safe condition.
Landlords have the following duties: (1) To properly maintain common areas; (2) To warn of hidden dangers which they are, or should be, aware of; and (3) To make safe furnished dwellings on short term leases.
Certain questions must be asked in order to determine if a landlord can be successfully sued.
- Was it was the landlord’s responsibility to maintain the portion of the premises that caused the accident?
- Was the landlord given a reasonable time in which to fix the problem, or to give adequate warnings?
- Was fixing the problem not unreasonably expensive or difficult?
- Was the serious injury a foreseeable consequence of not fixing the problem?
- Did the landlord’s actions or failure to act cause the tenant’s accident?
- Was the tenant or guest genuinely hurt?
For example, if someone falls and breaks his ankle on a broken stairway, the landlord will be liable if the injured person can show (1) that it was the landlord’s responsibility to maintain the stairway as a common area; (2) that the landlord knew the problem existed; (3) that the landlord failed to fix the problem within a reasonable time; (4) that the hazard resulted in a serious injury that was foreseeable; and (5) that the broken stairway actually caused a legitimate injury.
Your premises liability personal injury lawyer will be seeking compensation for your medical bills, lost earnings, pain and suffering, permanent disability, disfigurement, emotional distress, and damage to personal property, such as a broken watch or broken glasses. In the case of a spouse, a claim for loss of consortium can also be made.
You should also be aware that landlords can be held liable for injuries that occur inside a rental unit due to a landlord’s faulty repair or workmanship. In that case, the landlord may be liable for the defect, if said defect causes a serious injury to occur.
The best way for landlords to avoid potential losses from injuries related to maintenance and repair is to keep the property in good shape. Always prepare a written checklist, and go through the common areas of the property on a regular basis, as well as checking the tenant units before tenants move in. Landlords should also encourage tenants and employees to report any security or safety issues immediately. Keeping a written record of all reports, and showing when and how the problems were resolved, will help keep the building and the tenants safe.
KEY FACTORS FOR FLORIDA’S OPEN AND OBVIOUS DOCTRINE
Under Florida’s Open and Obvious Doctrine law, individuals injured while on the property owned by or in the possession of another individual may not be able to receive compensation for their injuries. This is based upon the provision where conditions, orobjects such as planters, posts, large rock/boulder landscape décor, etc., and in some cases, damaged walkways, etc., present for extended periods of time, are so glaringly open and obvious, that they are not considered to be dangerous. This implies the person holding possession of the property should not be held responsible for any injuries incurred by another individual.
In most cases involving premises liability, the Court allows juries to decide who is to be held liable for the injuries incurred by an individual on the property regardless of what might be considered open and obvious according to the law.
If a jury does rule in favor of the person in possession of the property citing the Open and Obvious Doctrine, the injured individual will not be able to further litigate their case for compensation.
OPEN AND OBVIOUS DOCTRINE LITIGATION
The Injury Claim Law Firm have many years of experience in successfully litigating cases involving injuries their clients received on another individual’s property. Many key factors are involved in a jury’s verdict of the Open and Obvious Doctrine, and The Injury Claim Law Firm has a team of experts to assist them in the successful presentation of each case before a jury.
Often, clubs with bouncers and malls with a private security staff run the risk of causing injury through negligence or excessive force. If you or a loved one was the victim of excessive force, improper restraint or physical abuse it is important to contact a skilled attorney.
When the owner of a parking garage or building knows, or should know, that their premises attracts a criminal element, and fails to provide adequate security or other preventative measures, you may be entitled to compensation if you are the victim of a violent crime that causes personal injuries. Our firm will investigate crime statistics, whether the premises had adequate lighting and other important security features to determine whether the violent crime was preventable.
