By Miami car accident and personal injury attorney, Stuart F. Cohen.
The Miami personal injury lawyers at Baron, Herskowitz & Cohen represent individuals in premise liability claims such as those involving slip and fall accidents, merchandise that falls from shelves, lack of security and more.
If you were injured while on another’s property and you feel that the owner is responsible, you may be eligible to seek compensation by filing a claim. To find out if you qualify to seek compensation, contact the Miami personal attorneys at Baron, Herskowitz & Cohen today.
Property owners and businesses have a responsibility to maintain reasonably safe conditions for people who are lawfully on their property. When dangerous conditions are ignored, inadequately addressed, or not properly warned about, people can suffer serious and sometimes life-changing injuries.
A slip and fall in a grocery store. A trip over a dangerous condition in a parking lot. A fall on a poorly maintained staircase. An assault caused by inadequate security. These are just some of the situations that can give rise to a premises liability claim.
If you were injured because of a dangerous condition on someone else’s property, you may have the right to seek compensation for your injuries and other losses.
Baron, Herskowitz & Cohen represents people injured in premises liability accidents in Miami and throughout Florida. Our attorneys can investigate what happened, determine whether a property owner or another party may be legally responsible, deal with the insurance company, and pursue the compensation available under Florida law.
Premises liability is a type of personal injury claim involving injuries caused by dangerous or defective conditions on property.
Property owners, businesses, landlords, property managers, and others who control property may have legal responsibilities concerning the safety of people who enter their premises. The specific duty can depend on the circumstances, including the person’s status on the property and the nature of the dangerous condition.
Premises liability accidents can happen almost anywhere, including:
The fact that an accident happened on someone else’s property does not automatically make the property owner liable. A successful claim generally requires evidence establishing negligence and a connection between that negligence and the person’s injuries.
Slip-and-fall accidents are among the most common premises liability claims. A person may slip on water, food, oil, cleaning products, or another substance on a floor. The condition may be particularly dangerous if it is difficult to see or if the property owner or employees knew—or should have known—about it.
Florida law contains specific requirements for claims involving transitory foreign substances in a business establishment. An injured person generally must establish that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be established by evidence that the condition existed long enough that the business should have known about it or that the condition occurred regularly and was therefore foreseeable.
People can also be injured when they trip over dangerous conditions such as:
The circumstances of the accident and the condition that caused it can be important evidence in determining whether another party was negligent.
Stairs, ramps, elevators, and escalators can present serious hazards when they are poorly maintained or improperly designed.
Missing or damaged handrails, inadequate lighting, defective steps, slippery surfaces, broken escalators, and other dangerous conditions can result in falls and serious injuries.
A property owner may also face liability when inadequate security contributes to an injury caused by criminal activity.
Negligent security cases can involve incidents at:
Potential security issues can include inadequate lighting, broken gates or locks, lack of security personnel, malfunctioning cameras, or other failures to take reasonable precautions under the circumstances.
Whether a property owner is legally responsible for a criminal act committed against a visitor depends on the facts, including the nature and foreseeability of the danger and the property’s circumstances.
Swimming pools can present serious risks, particularly to children and other vulnerable individuals.
A premises liability investigation involving a pool may examine issues such as fencing, gates, locks, warnings, maintenance, supervision, and whether known safety requirements were followed.
Property-related injuries can also occur when merchandise, construction materials, fixtures, ceiling components, or other objects fall and strike someone.
Other structural hazards may include deteriorating floors, ceilings, walls, balconies, or other portions of a building.
A premises liability claim in Florida is generally based on negligence.
The specific legal requirements depend on the circumstances of the case, but an investigation may focus on several important questions:
Did the property owner or person responsible for the property owe you a legal duty?
The duty can depend on why you were on the property and the circumstances surrounding your visit.
Was there a dangerous condition?The investigation must identify the condition that allegedly caused the accident.
Did the responsible party know or have reason to know about the dangerous condition?In some cases, the evidence may show that the property owner had actual knowledge of the condition. In others, the issue may be whether the condition existed long enough—or occurred often enough—that the owner should have known about it.
Did the responsible party fail to take reasonable action?This might involve failing to repair the condition, remove it, provide adequate warnings, restrict access, or otherwise address a foreseeable danger.
Did the dangerous condition cause your injury?
Finally, the evidence must connect the property’s condition and the owner’s alleged negligence to the injuries and losses you suffered.
Premises liability cases can become difficult when the dangerous condition no longer exists.
A wet floor may be cleaned. A broken step may be repaired. A damaged sidewalk may be replaced. A defective security camera may be fixed.
That can make early investigation particularly important.
Depending on the circumstances, evidence may include:
An experienced premises liability attorney in Miami can help identify potentially important evidence and take steps to preserve it.
If you are injured on someone else’s property in Miami, take reasonable steps to protect your health and document what happened.
Report the accident. Notify the property owner, manager, business, or appropriate employee and make sure the incident is documented.
Get medical attention. Some injuries may not become apparent immediately. Medical records can also help establish the nature and extent of your injuries.
Take photographs. If you are physically able to do so, photograph the condition that caused your accident and the surrounding area.
Identify witnesses. Get contact information for anyone who saw the accident or the dangerous condition.
Preserve evidence. Keep the shoes, clothing, or other items you were wearing at the time of the accident if they may be relevant.
Be careful when speaking with insurance companies. The property owner’s insurer may contact you for information about the accident. You should understand your rights before giving a recorded statement or accepting a settlement.
Contact a Miami premises liability attorney if you have suffered a serious injury. A premises liability lawyer can evaluate the circumstances and help determine whether you have a claim.
If another party’s negligence caused your injuries, you may be entitled to compensation for losses permitted under Florida law.
Depending on the circumstances, a Miami premises liability claim may involve:
The extent of your injuries and their impact on your life are important considerations when evaluating a claim.
A serious injury may require months or years of treatment and can affect your ability to work, care for your family, and participate in activities you previously enjoyed.
Property owners and their insurance companies may argue that an injured person was responsible for the accident.
They may claim that the dangerous condition was obvious, that the person was not paying attention, or that the person otherwise failed to exercise reasonable care.
Florida’s comparative-fault rules can affect an injured person’s recovery when multiple parties share responsibility for an accident.
That does not mean that an injured person should assume they have no claim simply because the property owner or insurance company blames them.
The circumstances should be investigated and the evidence evaluated.
After a serious accident, you should be able to focus on recovering from your injuries rather than trying to investigate a property owner or negotiate with its insurance company.
Baron, Herskowitz & Cohen can handle the legal side of your premises liability claim.
Our attorneys can:
Investigate the accident. We can work to determine exactly what happened and identify the dangerous condition that caused your injury.
Preserve important evidence. Surveillance video, photographs, maintenance records, inspection records, and other evidence may be critical to establishing liability.
Identify responsible parties. The property owner may not be the only potentially responsible party. Depending on the circumstances, responsibility may involve a property manager, tenant, maintenance company, security company, contractor, or another party.
Deal with insurance companies. We can communicate with insurers and pursue a claim on your behalf.
Evaluate your injuries and losses. We consider not only your immediate medical expenses but also the potential long-term consequences of your injuries.
Pursue litigation when necessary. If the responsible party or insurance company refuses to provide fair compensation, our attorneys can pursue the matter in court.
Florida’s statute of limitations generally provides two years for an action founded on negligence, although exceptions can apply depending on the circumstances. If your accident happened in Miami, then Florida law applies.
The applicable deadline can also depend on the identity of the defendant and the nature of the claim.
Do not wait until the deadline is approaching to speak with an attorney. Evidence can disappear, surveillance footage can be overwritten, witnesses can become difficult to locate, and memories can fade.
Prompt investigation can make an important difference in a premises liability case.
Baron, Herskowitz & Cohen represents individuals and families who have suffered serious injuries because of the negligence of others.
We understand that a premises liability case is about more than an accident on someone else’s property. A serious injury can affect your health, your ability to work, your finances, and your family.
Our attorneys can investigate the circumstances of your accident, deal with the insurance companies, and pursue the compensation available under Florida law.
Premises liability is a type of personal injury law involving injuries caused by dangerous or defective conditions on property. Depending on the circumstances, a property owner, business, property manager, or another responsible party may be legally liable for injuries caused by negligence.
Possibly. A slip-and-fall accident does not automatically establish liability. The circumstances of the dangerous condition, what the business knew or should have known, and whether the condition caused your injuries are important factors in evaluating a claim in slip-and-fall incidents.
You may still have a premises liability claim. The fact that you did not notice a dangerous condition does not by itself determine whether the property owner was negligent.
The absence of a warning can be important, but it does not automatically establish liability. The circumstances surrounding the condition, the property owner’s knowledge, and the type of danger involved must be evaluated.
Possibly. If inadequate security contributed to an assault, robbery, or other criminal act, the circumstances may support a negligent security claim. These cases can involve complex questions concerning foreseeability and the property owner’s duties.
An insurance company or property owner may argue that you contributed to your injuries. That does not necessarily eliminate your claim. The evidence and applicable comparative-fault rules must be considered.
There is no standard value for a premises liability claim. The potential value depends on factors including the severity of the injury, medical treatment, lost income, future losses, pain and suffering, liability, available insurance, and other circumstances.
If you suffered significant injuries, liability is disputed, the property owner or insurance company is challenging your claim, or you are facing substantial medical expenses or lost income, speaking with a premises liability attorney can help you understand your legal rights and options.
If you were injured because of a dangerous condition on someone else’s property, you do not have to determine on your own whether the property owner or another party is responsible.
Baron, Herskowitz & Cohen can investigate your accident, identify potentially responsible parties, deal with the insurance company, and pursue the compensation you may be entitled to under Florida law.
Contact Baron, Herskowitz & Cohen today for a free case evaluation.
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