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When the business owner is more focused on profits than their customers’ safety
A premises liability lawsuit holds the owner of a property liable for any damages arising out of an injury on that person’s property. Owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors. Failure to keep the property safe for visitors results in ‘premises liability.’ If you were injured on the property of a negligent landowner or business, you need an experienced [premises liability injury lawyer to fight for you and help you secure the justice your unique case deserves.
Premises liability governs most cases where a person is injured on someone else’s property as a result of a dangerous or unsafe condition. Types of premises liability cases can include:
In Florida, the landowner or occupier of the property has a legal obligation to maintain a reasonably safe premises for its visitors. A landowner’s duty of care for all visitors on their premises, includes:
Negligence must be proven in a Florida premises liability claim. Forms of negligence can include:
An experienced Miami premises liability injury lawyer will help identify at fault parties and sources of insurance. Defendants in premises liability lawsuits can include the:
Determining liability depends on the location, lease agreements, municipal and state legalities, the ADA and more. For example, in a grocery store if a customer or employee, catches their foot on a bunched entrance mat, and trips and falls as a result, they could have grounds for a premise liability claim against the grocery store if they were injured.
Another example would be an employee at a mall mopping a public restroom floor and failed to put up a wet floor sign. Unaware of the imminent danger, a customer slips and falls on the wet surface and breaks their arm. In this case, the injured person would have grounds to file a premises liability claim against the mall, as the mall is responsible for any negligent actions while their employees are on the job.
In premises liability cases, simply saying that the property owner violated his or her duty of care is not enough. The burden of proof is on the injured person to show that their injuries were a direct result of the property owner’s negligence or failure to meet his or her duty of care. This requires a plaintiff to prove the following elements to successfully win a premises liability case:
Common defenses, such as assumption of risk or comparative negligence, will almost always be raised to keep the injured person from receiving compensation for their injuries. This is why you need an experienced Miami premises liability lawyer on your side, to not only prove all the elements necessary to win your case but to fight off any defenses raised by the other side.
While some injuries sustained in a premises liability accident can be minor, others can be debilitating and have long term consequences. Some of the most common injuries in premises liability accidents include: broken bones, soft tissue injuries, traumatic brain injuries (TBI’s), hip fractures, sprained ankles or wrists, cuts and abrasions, shoulder injuries, neck injuries, back and spinal cord injuries, and knee damage.
Damages for premises liability in Florida can include:
At Delgado Trial Attorneys, we have been fighting for the rights of the injured for over a combined half century. Our experience allows us to effectively strategize and advocate for every client we represent. Counseling clients through their most difficult times is at the core of our legal practice. We make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of making a claim. We believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Call us today at (305) 596-7911 and speak with an experienced Miami premises liability lawyer for a free consultation. Virtual sign-ups available.
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