If you have suffered an accident on the property of another person that has left you with serious injuries, you may not realize that property owners are responsible for the safety of their properties. Premises liability is a legal concept that comes into play in personal injury claims when the injury results from a defective or unsafe condition on another’s property. Premises liability claims are a type of negligence claim. To prove a property owner was negligent, the injured party must generally show the owner failed to use reasonable care in maintaining the property and warning of potential dangers.
Showing negligence involves proving the property owner was aware of a defect or hazard on the property yet failed to take the necessary steps to correct the issue. When a person who is legally on the property is injured as a result of this negligence, the property owner may be responsible for those injuries. If you have been injured on another’s property, our injury lawyers can help you receive the compensation you are entitled to receive to fully compensate you for medical expenses, lost wages, and pain and suffering. At Redondo Law, you can expect efficient solutions for complex legal problems from a Miami premises liability lawyer.
Examples of Premises Liability Claims
While there are many, many different accidents which could qualify as a premises liability claim, some of the most common include:
- Any defective condition on the premises which leads to an accident;
- Accidents caused by inadequate maintenance of the property;
- Injuries or assaults resulting from inadequate building security;
- Dog bites;
- Accidents in or around a swimming pool;
- Accidents in elevators and escalators;
- Any slip and fall or trip and falls;
- Any injury resulting from toxic chemicals or toxic fumes;
- Any injury resulting from flooding or water leaks;
- Any accident resulting from liquids which are not properly removed;
- Any injury resulting from a fire, and
- Accidents occurring at amusement parks.
What Responsibility Does the Property Owner Have?
In the state of Florida, the first step in a premises liability claim is to determine your status on the property. The first status is that of an invitee, which is further divided into public invitees and business invitees. A public invitee is a member of the public who has been invited to enter or remain on a property for the specific purpose the land is held open to the public. As an example, a grocery store invites the public to come onto the property and shop. A business invitee has either directly or indirectly been invited onto the property to engage in business dealings with the owner of the property.
As an invitee, you are owed a high level of care from property owners; the owner must maintain the property in a reasonably safe condition, warning of any existing hazards he or she is aware of—or should have been aware of. Social guests of the property owner are considered licensees by invitation. Next in the hierarchy comes uninvited licensees—those who choose to come on the property solely for their own convenience, absent an expressed or implied invitation. An example of an uninvited licensee might be a door-to-door salesperson, or a child coming on the premises to retrieve his or her ball. Property owners owe a lower duty of care to licensees than they do to invitees and generally must only warn of known dangers. Finally, there are trespassers—those who enter the property of another without license, invitation, or other rights, intruding for his or her own purpose. Property owners have very little duty toward a trespasser, other than to refrain from inflicting willful or wanton injury on the trespasser. However, a property owner may still owe some level of care to warn known trespassers of known dangers, such as children who frequently trespass to cross the land as a shortcut.
Where Do Most Premises Liability Accidents Occur?
Premises liability accidents often occur in grocery stores, restaurants, nightclubs, parking lots, airports, retail stores, and other public areas. Some of the most common causes of premises liability accidents include poorly lit or narrow staircases, lack of handrails on staircases, accumulation of liquids, wet, slick, or oily floors, cords stretched across a walkway, frayed or unsecured rugs or carpets, raised thresholds, loose or broken floorboards, items stacked in the walkway, recently waxed floors, broken steps, uneven sidewalks, or potholes in parking lots. Swimming pool accidents usually involve children, along with an unsupervised and unsecured pool.
What are the Most Common Injuries Stemming from a Premises Liability Accident?
Although a premises liability accident can lead to any number of injuries, some of the most common injuries related to a premises liability claim include the following:
How Can Redondo Law Help Following Your Premises Liability Accident?
Premises liability cases can be complex; just because you were injured while on the property of another does not automatically mean negligence was the cause or that the property owner necessarily owed any duty of care to you. It must be clearly shown that negligence was the direct cause of the accident and subsequent injuries.
It is always a good idea to speak to an experienced Miami premises liability lawyer to determine whether you have a viable claim. Mike Redondo is knowledgeable, experienced, and has the necessary skills to help you through this difficult time. Mike will work hard on your behalf to secure an equitable settlement for you, which will cover your medical expenses, lost wages, and pain and suffering. Mike believes in his clients and always goes the extra mile for them. Contact Redondo Law today for a comprehensive consultation—Mike can answer your questions regarding your premises liability claim during this consultation.