If you have been injured on someone else’s property, you may be entitled to compensation.
Property owners are responsible for ensuring their premises are safe for visitors. When they fail to do so, they can be held liable for any injuries that occur as a result. If you have been injured, you may be able to file a lawsuit for damages for your medical bills, lost wages, and pain and suffering.
Christopher Ligori and Associates are experts in the field of premises liability law, and we may be able to help you get the compensation you deserve.
REPRESENTING PERSONAL INJURY VICTIMS IN A PREMISES LIABILITY CLAIM
Premises liability is an area of personal injury law that specifically deals with a property owner’s legal duty to take reasonable steps to prevent injuries on public or private property. For example, suppose a business owner (lessor or property owner) has defective stairs in their retail store. In that case, they must take all reasonable steps to prevent visitors from accessing those stairs until they are fixed.
If an owner, the lessor, or occupier cannot prove that they took all reasonable precautions to prevent an injury from occurring on their premises, they could be sued for personal liability.
However, their legal duty is not necessarily absolute. This means that the owner, the lessor, or occupier of the premises where you were injured must have been negligent in maintaining their property, and that negligence must’ve directly resulted in your injury. If you cannot prove that negligence did, in fact, play a part in your accident, you may not succeed in your personal injury case.
That is why it is important to get in touch with a premises liability lawyer – like us.
Christopher Ligori and Associates is a personal injury law firm that provides legal representation for these cases. Our premises liability lawyers are committed to providing the highest level of service to our clients and offer a range of legal services to help our clients get back on their feet. This includes legal advice on how to handle insurance companies, as well as representation in court, if necessary.
PROVING YOUR PREMISES LIABILITY CASE: WAS THE PROPERTY OWNER NEGLIGENT?
It is not enough to simply be injured on a person’s private property in order to succeed in a premises liability case. Rather, you must prove that the owner, occupier, or lessor of that property is legally responsible for your safety while on the premises.
According to the law in Florida, owners and tenants of retail businesses, restaurants, apartment buildings, and other public property have a responsibility to ensure that their property is well maintained, safe, and free from any kind of hazard.
If the premises owner does not ensure safety or at least caution visitors of a particular hazard, they may be held liable for any injuries sustained. However, if they take reasonable steps to prevent injury, they may not be liable.
For example, if a storekeeper is mopping the floor during the day and has a caution sign on the premises to indicate the floor is wet and you trip and fall, it is unlikely you would succeed in a lawsuit. This is because the storekeeper took reasonable steps to warn store visitors to stay away from the wet area or take precautions when walking around that area.
So, to demonstrate that the legal responsibility exists, the injured party must prove the following:
- the person who owns occupies, or leases the property acted negligently in the use of that property;
- the visitor was injured on that property due to the owner, occupier, or lessor’s negligent behavior (i.e. it led to the premises liability accident), and
- the owner, occupier, or lessor’s negligence was greater than the victim’s negligence.
WHAT ARE THE COMMON SITUATIONS THAT GIVE RISE TO PREMISES LIABILITY CLAIMS?
There are several common situations that may result in a premises liability claim:
- Slip and fall accidents
- Crimes committed against visitors
- Dog bite injuries
- Pool accidents at hotel pools and gyms
- Drowning accidents
- Injuries that occur at amusement parks or other areas where guests engage in leisure activities.
Examples of property conditions that could lead to premises liability include:
- Unsafe building conditions
- Inadequate lighting (for example, in a parking garage)
- Unmaintained staircases and walkways
- Defective attractions (for example, defective rides at an amusement park)
- Unattended liquid spills
- Exposure to hazardous substances (for example, a gas leak)
- Unsecured heavy objects that could fall
- Improperly maintained lifts.
These are simply a few examples of accidents that can occur on specific properties. However, if your injury was caused by something not listed here, and you believe that the accident could have been prevented if the owner, occupier, or lessor of the property demonstrated reasonable responsibility, you should get in touch with a personal injury lawyer today because you may have a premises liability claim.
Premises liability laws are also very specific when it comes to your status on the property. For example, were you invited there for business purposes, or were you a trespasser? The answer to that question will determine what kind of duty the premises owner, occupier, or lessor has.
WHAT SHOULD YOU DO AFTER YOU HAVE BEEN INJURED AND BEFORE YOU FILE A PREMISES LIABILITY LAWSUIT?
In the unfortunate event that you are injured on someone else’s property, there are a few things you should do so that you have sufficient evidence if it turns out that the property owner was, in fact, negligent. These things include:
- Seeking medical attention: even if the injury isn’t as bad as you think, sometimes the shock of the accident delays symptoms. So, rather consult a medical practitioner to assess if you sustained any serious injuries. This way, you’ll know what treatment route needs to be taken and how much that is going to cost you.
- Gather evidence: a picture is worth a thousand words. If you are able to, or if there are witnesses around to help you, try and take as many pictures of the area where you were injured. A photograph can provide evidence as to the condition of the premises at the time you were injured.
- Connect with witnesses: if anyone witnessed the accident, make sure to get their names and contact details.
- Contact a premises liability attorney as soon as possible: if all the circumstances of your accident point towards negligence, get in touch with an attorney to help you decide if a claim exists and how you should proceed.
SEEKING A PREMISES LIABILITY ATTORNEY?
Property owners are responsible for ensuring that their guests and visitors are safe while on their site. This includes taking steps to prevent injuries from occurring and cleaning up any hazards or dangerous conditions as soon as they are noticed.
Christopher Ligori and Associates is a law firm that specializes in premises liability cases. We understand the complex laws that apply in these situations, and we have the experience necessary to get you the best possible outcome in your case. Contact us today for a free consultation.
If you have been injured and need access to an experienced premises liability lawyer, call Christopher Ligori & Associates at 877-444-2929 for a free consultation.