In Florida, property owners have a duty to provide a safe environment to those who visit their premises. If you were injured while on someone else’s property, the Miami premises liability attorneys at the Law Offices of Robert Dixon can help you evaluate your claim and receive the compensation you deserve. Accidents occurring due to a property owner’s negligence could result in built up expenses for a victim, and consulting an experienced personal injury attorney is the best place to start. Please contact our office today for a free consultation about your case.Premises Liability Situations
An array of conditions could give rise to a premises liability case. A property owner is responsible for maintaining lit walkways, the safety of elevators, cleaning up spilled substances, and maintaining adequate security, as well as displaying warning signs for potential hazards. A small puddle can quickly turn into a big problem, and injury. Property owners are responsible not only for the inside maintenance of their premises, but also sidewalks, stairways, and other common areas.Levels of Care
Someone entering another person’s property is expected to exercise their own reasonable care to maintain their safety. However, a property owner also owes differing levels of care based on the status of their visitor.
A business invitee is owed the highest level of care when entering an establishment for a business purpose. This type of visitor includes those visiting a mall to shop, or entering a restaurant to eat a meal, as well as those entering another’s home to fix a sink. Property owners opening up their establishments to business invitees must conduct regular inspections of the premises for any dangerous conditions.
Under Florida law, to establish premises liability as a business invitee, the injured person must show that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. For example, if a store had flooring that was uneven due to a chipped or broken tile that caused a customer to trip and fall, that defective condition could lead to premises liability.
To establish an owner’s ‘constructive knowledge’ of a dangerous condition, the injured party must show that:
- Given the length of time that the dangerous condition existed, the business establishment should have known of the condition if exercising ordinary care; or
- The condition occurred regularly, and therefore, was foreseeable.
Owed a slightly lower duty of care are licensees. These are visitors entering premises for a social purpose, such as friends and family attending a dinner party at a home. Property owners entertaining such guests must maintain the premises in a reasonably safe manner and repair unsafe conditions, as well as warn visitors of any known dangers.
A property’s owner even owes trespassers – people entering without any permission – a limited duty of care. In Florida, property owners must maintain premises in order to prevent intentional or reckless injury. This means that if a trespasser is injured due to a homemade, dangerous security system, the owner could be liable for that injury.Children and Attractive Nuisances
In Florida especially, pools and other water structures are commonplace in homes as well as many other establishments. And with a pool, comes a potentially dangerous condition. The “attractive nuisance doctrine” creates a separate duty to children, where property owners must exercise special care to protect children from conditions that are likely to attract them and could be dangerous. Such conditions include swimming pools, trampolines, broken objects, and other conditions where a child could be drawn in.Compensation for Injuries
Injuries, and their associated expenses, can be overwhelming. If you were injured while on someone else’s property due to the owner’s failure to maintain a safe space, you may be entitled to recover damages. Medical costs, lost income, and punitive damages may be available in a premises liability suit. In the tragic situation of a lost loved one, you may be able to recover damages for a wrongful death if severe injuries on someone else’s property lead to death.Find Seasoned Attorneys in South Florida
The experienced Ft. Lauderdale slip and fall injury lawyers at the Law Offices of Robert Dixon can offer you guidance if you’ve been injured on somebody else’s property, and can help you evaluate what compensation you may be entitled to for your injuries. Our attorneys serve Miami/Dade, Broward, and Palm Beach Counties, as well as Florida locations statewide. Contact personal injury attorney Robert Dixon to schedule a free consultation regarding your premises liability action. Please call (877) 499-4878 or contact us online for a free, no obligation consultation, even if you are not sure if you have a case.
- Defective Property Conditions
- Inadequate Security
- Slip and Fall Accidents
- Swimming Pool Accidents
- Falling Merchandise
- Inadequate Maintenance
- Restaurant Liability
- Retail Store Liability
- Children on Property
- Uneven Pavement Accidents
- Electric Shock
- Faulty Handrails and Stairwells
- Hotel and Resort Liability
- Amusement Park Accidents
- Elevator and Escalator Accidents
- Gas Station and Convenience Store Liability
- Gym and Fitness Center Liability
- Liability Waivers
- Daycare Injuries
- Slip and Fall Accidents in Parking Lots
- Common Slip and Fall Injuries
- Ditch and Pothole Accidents
- Stadium and Theater Accidents