Premises liability is a legal term that often comes up in personal injury and slip and fall cases when a person is injured on someone else’s property, whether that be at a business or on someone’s personal property. This injury is usually due to an unsafe condition or undetected hazard on that property.
Premises liability cases are based on laws of negligence. In order to have a successful claim, the injured person must show that the business owner was negligent in his or her ownership or maintenance of the property. Negligence means the property owner failed to use reasonable care with respect to the condition of the property and because of this failure, an injury occurred.
The dangerous or hazardous condition does not have to be specifically known by the business owner. All that has to be shown is that the property or business owner knew or should have known of the unsafe condition and failed to take the steps necessary to fix it. This means that the property or business owner has a duty of routinely inspecting his or her property to ensure that there are no unforeseen hazards that could hurt others while on their property.
Property owners are charged with the duty to ensure that the property is safe for anyone who enters his or her property, but this duty extends even further for those who are considered invitees and licensees on the property. An invitee is someone who has the property owner’s express or implied permission to be there, such as friends, relatives or neighbors. A licensee is a person who has the property owners express or implied permission to enter the property but is coming onto the property for his or her own purposes, such as a salesmen or landscaper.
A business owner who is opening his or her property for others to come and enjoy a service or shop is charged with the duty of care to these two groups of individuals meaning that they must either know about the condition or have reason to know of the condition through normal care and maintenance of the property and the person who is invited is not likely to discover the condition. If the business owner is aware of a hazardous condition but has not had the opportunity to fix it, depending on what the hazard is, the business owner needs to put up barriers or adequate warnings or at least close the property to prevent a foreseeable injury.
If someone is trespassing on the property, that person is not authorized to be there, and business owners tend to owe no duty to trespassers unless that individual is a child.
Injuries Are Fact Specific
Just because you were injured on another person’s property, does not mean it was a result of the property owner’s negligence. Sometimes a slip and fall happens because of the negligence of the injured individual. However, it is important to keep in mind that the store’s failure of its duty does not need to be direct. It only needs to be connected and possible, which requires a great deal on the circumstances and details of the case. Many factors play into why someone was injured, and a slip and fall personal injury attorney can decipher those facts and determine if you have a case during a free initial consultation.
As experienced Miami slip and fall accident lawyers, we understand Florida’s slip-and-fall laws and how to hold businesses accountable for our client’s injuries, lost wages, medical expenses and pain and suffering. If you have suffered a slip and fall at a grocery store, restaurant or retail store in Miami, Fort Lauderdale, Palm Beach, The Keys or anywhere in the State of Florida it is critically important for you to consult with an experienced Personal Injury Lawyer who will fight to protect your legal rights. When selecting a lawyer- ask them about their qualifications and experience in claims against grocery stores, retailers and restaurants. Spencer Aronfeld is a Board Certified Trial Lawyer and our firm, Aronfeld Trial Lawyers has successfully represented people and their families in slip and fall claims across the country since 1991. Call us today for a free initial consultation 1-866-597-4529 or email [email protected] and speak with an experienced slip and fall lawyer about your potential claim.