It happens daily – people are injured on someone else’s property.
Premises liability means that someone who is injured on someone else’s property may be entitled to compensation due to the property owner or tenant’s negligence. The law on this issue is complicated, but in basic terms, a property owner has a duty to maintain their property in a “reasonably safe” condition and to warn people if there is a dangerous condition on that property. Also, they must correct that dangerous condition in a timely manner.
Accidents occurring on business properties are most likely covered by commercial insurance, while most homeowner’s insurance cover accident claims made for accidents occurring in private homes.
Types of Premises Liability Cases include:
- Exposed common areas
- Broken escalators/elevators
- Exposed holes or potholes
- Falling objects
- Wet or slippery floors or substance on floors
- Broken or loose handrails
- Inadequate lighting
- Insufficient security
- Uneven, raised, or cracked walkways
Florida premises liability law holds property owners or tenants responsible when people are injured on their property, whether business or residential. Owners or tenants of stores, offices, restaurants and other businesses have a duty to safeguard their properties from possibly dangerous conditions that can harm customers, visitors, and sometimes even trespassers. They must fix unsafe conditions and warn visitors of any foreseeable dangers. Premises liability is a civil remedy for negligence. If a person gets injured on a property, it is possible that the owner or tenant neglected to create a safe environment on the premises.
There are many places where a premises accident can occur; some of the common locations include:
- Building hallways and corridors
- Outside, common areas
- Parking lots
- Recreational facilities
- Stores and shopping malls
- Swimming pools
Florida Premises Liability Law
Florida’s premises liability law is different from other states. In Florida, plantiffs have to prove foreseeability, meaning that the owner or renter knew or should have known of the problem before the injury. Florida’s premises liability law, Section 768.0755, Fla. Stat., states:
- If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable.
- This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
At Kravitz Law Group, our premises liability lawyers provide aggressive, experienced representation to clients who have been injured in premises accidents. Throughout our professional relationship with each client, we will inform you of your right, and seek the financial compensation your injuries and suffering deserve. We will persist in obtaining the best possible outcome in your particular case.
If you or a loved one has been injured by a dangerous or defective product, prescription drug, medical device or accident, you might have a mass tort or products liability case. Injuries or death resulting from dangerous or defective products may give you the right to damages for medical costs, lost wages, pain and suffering, and others. At Kravitz Law Group, our attorneys are experienced in mass torts/products liability. Contact us for a free consultation and evaluation of your rights. You are only responsible for fees and costs if we recover any money on your behalf.
Insurance companies often make it as difficult as they can for individuals to obtain proper compensation. Even when an insurance company makes an offer, the amount is rarely enough to cover all of the expenses and losses. This is where you need an experienced attorney to step in and fight for the full value of your damages.
Our attorneys will work with your physicians and other health care providers to assess and review all the short- and long-term medical aspects of your case. If you or a loved one have been injured in an auto accident, pedestrian accident or other form of motor vehicle accident, please contact the skilled civil trial attorneys at Kravitz Law Group, P.A., for a free consultation.
If you feel you or a loved one has been injured due to the negligence of a doctor, hospital or medical facility, you may have a medical malpractice case. Contact Kravitz Law Group for a free initial consultation to see if legal action is right for you.
The death of a family member is an extremely traumatic and painful experience. This can become even more so when negligence was to blame for their death, and the accident was avoidable. If you have lost a loved one, know that we care and that we are here to help.
You may be able to file a wrongful death claim if your loved one tragically died as a result of a careless or drunk driver, a negligent doctor, or other avoidable accident. To find out if Kravitz Law Group can help you pursue compensation for your loss, please contact our office today for a free consultation.
We fight to protect your legal rights under the law.