Miami Premises Liability Attorney

Premises Liability Injuries

Injuries suffered on another’s property, whether in a home, on a sidewalk, in a parking lot or in a commercial building or shop are often the result of:

• Improper or negligent maintenance of a building, store, sidewalk, parking lot, street, cruise ship or other private, public or commercial space.
  
• Unsafe conditions created by the property owner, operator or lessor, construction crews, landlords, tenants and even other guests on the property.
• Inadequate security including a broken lock, broken or unlocked window, unlit or low-lit stairwell or walking path or unclear or unmarked exit route are often the result of the owner’s failure to adhere to physical security standards and generally-accepted security practices.

Regardless of the cause or location, the injuries associated with a premises liability case can be serious and long-lasting. Some of the most common types of injuries seen in premises lability cases include:

Elements of a Premises Liability Claim

Premises liability cases can be complicated and difficult to prove. While the liability of the property owner will depend upon the legal status of the plaintiff – invitee, licensee or trespasser – under Florida law, the plaintiff in a premises liability action must prove the following elements in order to establish a successful claim:

• The property owner owed a legal duty to the plaintiff
• The property owner breached the legal duty
• The breach of the legal duty either directly caused or substantially contributed to the plaintiff’s injuries
• The plaintiff must demonstrate proof of the nature and extent of the injuries

It is important to recognize that property owners cannot generally be held liable for injuries that were caused by conditions on the property of which they were unaware or had no reason to know about, with one exception being if the dangerous, defective or unsafe condition was created by the property owner. Moreover, in most cases, individuals have a responsibility to exercise reasonable care for their own safety. For example, it’s generally accepted that there exists no duty to warn of the condition if it is one that is “open & obvious”, meaning something readily apparent by the use of one’s ordinary senses – sight, for example. If they fail to do so, their recovery may be limited or reduced by their own percentage of negligence. For example, if a jury finds that the plaintiff was 25% responsible for his or her own injuries and awards the plaintiff $200,000 in damages, the damage award will be reduced by $50,000 (25% of $200,000). The above example illustrates the rule of “pure comparative negligence” and applies regardless of the percentage of fault on the plaintiff’s part. Other states apply a rule referred to as “modified comparative negligence” which operates the same as long as the plaintiff can prove he or she is 50 percent or less at fault. Still other states operate under “contributory negligence” rules (meaning, the plaintiff cannot recover any money if they were at all liable for their own injuries). It is important to consult with skilled Miami premises liability attorneys who can explain how the law will apply in your case.

Unsafe Conditions that Lead to Injuries

After determining the applicable law, a slip and fall lawyer must determine what unsafe conditions caused the injury. Slip and falls, and in other similar cases, trip and falls, include but are not limited to:

• Wet or oily surfaces
• Slippery floor mats
• Defective handrails and guardrails
• Faulty ramps
• Loose carpets
• Uneven elevator entry points
• Unleveled walkway surfaces (i.e., sidewalks, curbs, access covers, drainage grates, stairs)

Regardless of where your accident takes place or what your injuries were a result of, the property owner, landlord, or governmental entity responsible will likely assert a defense. These defenses include:

• The owner adequately warned of the dangerous condition.
• The owner could not have reasonably known about the unsafe condition and could have not discovered it upon reasonable inspection.
• The person’s negligence, not the owner’s, was the result of the accident.