Premises Liability

Miami Premises Liability Lawyers

Have you suffered injuries on someone else’s property that have impacted your life? You may be entitled to compensation for those injuries. 

Being injured in any capacity can create unnecessary stress, especially if it was something that could have been prevented. With the right Miami premises liability lawyer, you have a chance to get the compensation you need for your medical expenses and mental suffering. 

Whether you slipped and fell in a store, were injured at your apartment complex, or were otherwise injured because someone’s property was unduly dangerous, you may be eligible for a premises liability claim. 

At Fischer Redavid PLLC, we know how complex and difficult it can be to get compensated when the other party doesn’t want to accept fault. Reach out for guidance if you’re hurt and need help getting the compensation you’re due for your suffering.

What Is Premises Liability?

Premises liability is the responsibility of the owner of a property to keep the conditions reasonably safe for people who legally enter the premises. A restaurant or apartment complex, for example, has a duty to repair or warn about hazards on the property. 

If a customer enters a restaurant and slips on a mopped floor that is not clearly marked, the restaurant could be liable for a premises liability claim. It is the duty of the restaurant to ensure that its patrons are safe from these hazards. This includes keeping the floor clean and unobstructed to prevent injuries.

Reasonably safe conditions can vary from circumstance to circumstance, which is why it can be valuable to have a knowledgeable attorney on your case. Proving they didn’t keep their property safe can be difficult, and you’re already hurt and suffering. 

Call to talk to a lawyer about getting the help you need for a successful claim.

Common Premises Liability Claims

If you’ve been hurt on someone’s property, the type of claim and the injuries you’ve suffered can vary greatly depending on the details of your claim. Because of this, you may be unsure where to begin with your lawsuit.

Because premises liability claims can vary so greatly, make sure you know what to expect and who’s responsible for your injuries. Here are just a few of the most common types of premises liability claims. 

Slip-&-Fall Accidents 

Slip and falls are common types of premises liability claims in Florida. Slip-and-fall accidents result when the owner of a property is negligent in creating a safe environment for the people who may lawfully enter the space. 

Often, these accidents happen because someone failed to clean up a spill or failed to place signs warning about the danger. For example, if a worker spilled detergent or other liquids on the floor and didn’t place a warning sign or clean it up right away, and someone slipped, the store may be liable. 

Dangerous Animals 

Animal attacks are common premises liability claims filed in Miami. If a person’s pet harms an individual who is lawfully on the property, the owner may face a premises liability claim. 

For example, if a neighbor is hosting a backyard barbeque and their pet dog bites an invited guest, the dog’s owner would be liable for the incident, regardless of whether the dog had shown aggression in the past. 

Rental Liability

If you are a tenant at a rental property, the lines can sometimes feel unclear as to who is responsible for what. When it comes to keeping things up to safety codes, however, it is generally the landlord’s responsibility to prevent any serious accidents due to these issues. 

Grounds for a premises liability suit may include missing or broken stair railings, unfinished stairs, flooding, and toxic mold. Having the ability to safely enter, exit, and exist in your apartment is your right as a tenant.

Faulty Wiring & Electrical Injuries 

Electrical accidents also fall under the umbrella of premises liability lawsuits. Electrical accidents and faulty wiring can be especially dangerous, because even brief contact with these materials can lead to electrocutions. These accidents can turn deadly fast. 

For example, some amusement parks, with their many rides running on electricity, have faced lawsuits regarding safety issues and malfunctions that led to the deaths of parkgoers. Faulty wiring near water is especially dangerous and can lead to devastating accidents and even deaths

Chemical Exposure

Unfortunately, humans can be exposed to dangerous or toxic chemicals in all sorts of ways. Some chemicals are only harmful if ingested, but others can cause damage if they are simply touched or inhaled.

Paraquat is a common pesticide used in the United States, and it is highly poisonous. While there are certain measures taken to prevent the pesticide from being ingested — such as dyes, an acrid smell, and an agent to induce vomiting — accidents still happen.

There have been recorded cases of allergic reactions from skin contact, especially if the skin is injured, the paraquat is highly concentrated, or the person has experienced prolonged exposure to the pesticide.

Let’s say a homeowner has been using pesticides in his garden. He leaves it in the backyard and forgets about it. Later, he invites guests to his home, and one of the guests’ children goes to the backyard to play. The curious child drinks some of the pesticides and has to be hospitalized. In this case, the homeowner allowed guests into his home without properly securing dangerous chemicals.

Negligent Security

Negligent security can lead to serious injury when the property owner failed to secure the safety of a guest. The owner of a property — whether it is a home occupied by renters, a movie theater, or a mall — has a responsibility to take certain measures to ensure that the people who occupy these spaces will be safe from harm.

Unfortunately, gun violence is not uncommon in the United States, and acts of domestic terrorism, such as school shootings, have been steadily on the rise. It is the responsibility of property owners to have sufficient security to protect occupants.

In many of these tragic, violent events, movie theaters, schools, and other locations have faced later lawsuits because of the injuries suffered on the property. If someone supervising the property failed to protect the health and safety of the people there, the property owner may be held liable for the injuries. 

In these cases, negligent security may include the following: 

  • Lack of security cameras 
  • Untrained security guards 
  • Lack of barriers to entry, like fences
  • No alarm system 
  • Doors without locks 

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What Damages Are Available?

Damages are the compensation that a plaintiff fights for in court. The types of damages that are awarded are as varied as the types of lawsuits, but generally speaking, you can expect to be compensated for what you have lost in the incident.

Damages can fall into two basic categories: Economic and non-economic. 

Economic Damages 

Compensation for economic damages is clear-cut, as there is usually a price tag attached.

For example, if you suffered electrocution from faulty wiring that your landlord failed to fix, your landlord would be responsible for your medical bills. You may also be compensated for lost income during recovery time, and, if the injury is severe enough to change your ability to function in the workplace, lost future income.

These damages can also include your future expenses. For example, you may need surgery years from now because of a serious injury, and you shouldn’t have to pay out of pocket for that surgery. Your lawyer can estimate future expenses like these to ensure you get the help you need. 

Non-Economic Damages 

In addition to these economic damages, you may choose to pursue non-economic damages. Non-economic damages are things that do not directly correlate with a price tag. Pain and suffering and other psychological damage are non-economic things you can seek compensation for, especially if the incident severely impacted your ability to function.

Unfortunately, it’s not easy or clear-cut to pursue either type of damage. One mistake or missed opportunity can leave you without the compensation you’re due, meaning you’ll be paying out of pocket for your expenses. Your Miami premises liability attorney has the tools you need to get compensated fairly. 

Premises Liability Laws Specific to Florida

The fine print of the law can vary from state to state, and it can feel overwhelming to attempt to sort through it all on your own. Certain states vary on liability for trespassers, for example, and the details can impact a lawsuit. 

Florida law states that trespassers are not subject to the same protections as invited guests. If a person is trespassing and the property owner’s dog bites them, they may not have grounds for a lawsuit. 

You’ll also need to be aware of the time limits you’ll face for your premises liability claim. You only have four years to file a claim in Florida. If you don’t act within these time limits, your claim may be dismissed, leaving you without the compensation you’re due. If you’re suing a government entity, your time limits may be even shorter, so talk to a lawyer about acting now. 

You may also face accusations that you weren’t being careful yourself. For example, you may have been texting while shopping and slipped, according to the defense. If you’re not prepared to avoid taking responsibility for the accident, your compensation may be decreased or dismissed entirely. Your lawyer can help you pursue the full compensation you’re due. 

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Contact Our Miami Premises Liability Lawyers Today

If you have suffered an injury due to the action or inaction of another, you may be entitled to file a premises liability lawsuit for financial compensation. Unfortunately, suing can be complex, and when you’re already injured, you’re juggling your recovery and your lawsuit.  Don’t let this incident or the injuries you’ve suffered consume your life. Contact a premises liability lawyer in Miami who will be by your side for the entire process. A qualified professional can handle the legal process so you can focus on your physical and emotional recovery. That aid can make a big difference in getting back to life as it once was. 

The lawyers at Fischer Redavid PLLC are happy to be your guides on the path to justice. With years of experience and boundless compassion, we’re prepared to take your claim to court and fight for the compensation you’re due — not what the at-fault party is willing to pay.  Our lawyers are ready to tackle your case, starting with a free consultation. We want you to know what to expect when you’re facing a lawsuit and how we can help.