Premises liability cases can exist in just about every type of privately- or publicly-owned building or open space and involve injuries or death as a result of negligently maintained property and land at residential, commercial and industrial properties. Florida is home to thousands of managed properties including theme parks, residential communities, sports facilities, government buildings, commercial buildings, farms and other land spaces; and while it’s unfortunate, injury and death in these areas is an everyday occurrence.
Premises liability refers to injuries that occur as a result of unsafe conditions on another person’s property where as injuries that occur due to third-party attacks on someone else’s property fall under negligent security. Premises liability cases can be virtually limitless, including accidents involving:
Defective building construction
Inadequate building maintenance
Unfilled holes in land
Building code violations
Defects in stairway design or maintenance
Lack of required railings
Defective flooring, electrical wiring, plumbing, smoke detectors or fire alarms
Injuries caused by broken glass
Injuries caused by defective heating systems such as carbon monoxide poisoning and gas leaks, fires and explosions
Defective building repairs
Deck failures caused by rot or other eroding building materials
Lead paint exposure
Elevator and escalator accidents
Egress related issues
Inadequate or improper snow and ice removal
The owner of a property is legally responsible to keep the area safe from dangerous conditions. Other individuals such as tenants, manager of the property, and contractors working on the premises, may also be responsible for maintaining it in a reasonable and safe condition, and may be held liable for injuries that occur on the property as well. Since multiple parties can often be held liable, identifying the proper defendants can sometimes be a complex task.
When you make a claim in a premises liability case, you have to prove that:
There was a defect in the property
Your injuries were caused by the defect
The person you’re making the claim against is the owner or occupier of the property
This person knew or should have known about the defect and failed to fix it or warn you
The owner or occupier may not be legally responsible for your injuries when:
You were trespassing
You knew about the defect before you were hurt
The defect was open and obvious and you should have noticed it
The owner or occupier didn’t know about the defect reasonably and shouldn’t have known
You misused the property and caused the defect
Call your partners at Fighter Law. Premises liability laws can be complex, and it’s important to hire an experienced attorney that can navigate your case. When recovering from an injury, whether you hired the right attorney should not be something you have to worry about–with Fighter Law, you won’t have to worry.
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