Premises Liability Lawyer in Miami, FL
Injured on Someone Else’s Property? They May Be Liable.
Whether private or public, property owners are required to keep their land and buildings reasonably free from hazards so visitors can pass through without injury. When poor design and maintenance result in visitor accidents, anyone who is badly injured may be able to sue. From swimming pools to grocery stores to rented living spaces, property owners must keep their spaces safe if they intend to allow any non-owners to enter.
What Makes a Property Dangerous?
Each state and city enforce building codes that require certain safety features in buildings. For instance, stair heights and banister placement are regulated so staircases are relatively standard. Elevators and escalators, if installed, must have proper signage and other safety features. Even small items like rugs or cords can be dangerous if they are not properly secured or stowed out of the way.
Maintenance and Upkeep
Buildings must be in good repair so visitors will not be hit by falling pieces or cut on sharp edges. Those that were constructed using asbestos, lead, or other harmful materials must have warnings and risk management plans. Smoke and carbon monoxide detectors are also a must to keep people safe from fumes and fires. When it comes to more temporary concerns like slippery floors or icy sidewalks, a property owner’s liability may depend on what efforts (if any) they take to keep visitors safe, and whether their policies were followed.
Good lighting and security cameras are reasonably standard in businesses, both to protect customers from attack and to help them identify wrongdoers should anything happen. Depending on the space, security systems and private guards are often brought on to ensure safety. We expect to be protected from attack in malls, bars, and our homes, and the owners of these places must do their part to make sure dangerous individuals do not get in.
Swimming pools are a great way to cool down during a hot summer, but only if they have a lifeguard on duty or adequate warnings and safeguards to prevent small children from entering on their own. Pool environments should be well-maintained, so all necessary equipment is usable and safe. The same goes for fairs and amusement parks; rides have many complex parts and operating procedures. The owner of an attraction may be liable should any failures or negligent actions cause injury.
In case of fires, floods, or other disasters that may result in serious injury or death, buildings that are not kept up to code may trap people in a dangerous situation. Poorly designed buildings or systems may even spark disasters of their own. While you can’t sue for a hurricane or tropical storm, if a building you’re in creates or heightens danger, you may be able to build a case against the owner.
What Does a Property Liability Claim Cover?
If you are injured on someone else’s property due to factors that they should have foreseen or prevented, you may have standing to sue for damages. Here’s what this includes.
Medical Bills and Future Treatment
Unfortunately, not all injuries are treated with one trip to the hospital. If you need follow-up care, including surgery or physical therapy, you can ask for damages to cover the cost of this as well, not just the bills you’ve already accumulated.
Pain & Suffering
Pain and suffering damages are for less tangible, but very real, aftereffects of an accident. Especially if you find yourself undergoing an extremely painful recovery or acquiring a condition that results in chronic pain or permanent scarring, a judge or jury may award you more to compensate for this additional hardship.
You can’t go to your job and the doctor’s office at the same time, and for more serious injury you may be required to take a period of days or even weeks off work! You can ask for reimbursement for what you would have earned during the period you were laid up by your injury, or potential future earnings if the injury resulted in you losing your job.
If you faced property damage or other tangible losses, you may be able to receive compensation for them as well. Before you even think about accepting a settlement, you should talk to a lawyer who can help cover all the angles. Often, accidents and injuries have long-reaching consequences that aren’t obvious—especially to those dealing with the pain and stress of recovery. An experienced premises liability lawyer can step in to take the weight of an insurance negotiation or lawsuit off your shoulders.
Common Property Liability Claims
There are almost countless ways property owner neglect can lead to serious injury. No matter what happens, our team can help you evaluate your case to see how strong your claim is. Here are some of the most common cases we see:
- Slip and falls or trip and falls
- Inadequate security
- Swimming pool accidents
- Exposure to toxic chemicals or substances
- Dog bites
Don’t Wait to Get a Premises Liability Lawyer
Recovering from a painful accident can be difficult and tiring, and we understand that pursuing a lawsuit might not be at the top of your mind. However, medical expenses can add up quickly and if you were hurt due to someone else’s negligence, they may have a legal obligation to help. Talk to one of our team members today to see whether it’s worth pursuing a premises liability case to recover compensation from the at-fault party.
Contact us online or call (305) 306-1968 to ask about your premises liability case today.
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