Premises Liability

Premises Liability 2018-05-15T14:00:34+00:00

Miami Premises Liability Attorneys

The Miami personal injury lawyers at Baron & Herskowitz 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 today.

Florida Premise Liability Law

Premise liability law is the set of rules that govern what happens if you are injured on someone else’s property. To be found guilty of violating those laws, the following circumstances must be proven:

  • The owner of the property has to be proven negligent for the cause of your injury
  • You must prove that you were injured
  • You must prove that the injury resulted from the property owner’s negligence

Pure Comparative Negligence

The law also considers whether your own carelessness contributed to the injury. If this is the case, your compensation will be less. Florida is one among 13 states that follow pure comparative negligence rules. In this situation, a judge or jury determines what percentage of fault applies to all the parties. These injured parties are then compensated based on what percentage of fault the property owner is responsible for.

The other 12 states that follow this rule are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.

Accidents on Public Grounds

Premises liability law governs injuries that occur in public places such as:

  • Shopping malls (wet floors)
  • Grocery stores (wet floors)
  • Retail shops (poorly located objects that can cause falls or other injuries)
  • Playgrounds (faulty equipment, hard surfaces on which children can fall)
  • Hotel property (wet lobby floors, defective outlets, stairs that have poor or no railings)
  • Amusement parks (defective equipment and machinery, lack of safety equipment)
  • Movies and theaters (poorly lit steps)
  • Parking garages (lack of lighting that results in crime)
  • Restaurants (slippery floors, food poisoning)

The owners of these properties are responsible for paying damages such as medical costs and lost wages if the person is unable to work. If the person injured contributed to his or her own injury, in Florida, the pure comparative negligence rule applies.

What Should You Do If You Are Injured on Someone Else’s Property?

Documentation of your injury and the circumstances that caused it are very important. Good ways to document a situation are to take photographs of yourself and your injury, if these are visible. Take photos of the object or situation that caused your injury. Take detailed notes about your injury and how it happened and get the names and contact information of any witnesses who saw how the accident happened. It is also important to seek medication attention, even if your injuries don’t seem all that serious. You may find that your injuries are worse that you thought, and documentation is important.

Contact a Miami Premise Liability Lawyer

If you’ve been injured in an accident on someone else’s property, you may be entitled to financial compensation for medical bills, rehabilitation therapy, pain and suffering, lost wages and loss of future opportunities to work because of your injury. To find out if you have grounds to file a premise liability claim, contact the Miami personal injury law firm of Baron & Herskowitz. Our attorneys represent individuals in premise liability claims in Miami and throughout the state of Florida.