Miami Premises Liability Lawyer
If you have suffered a serious injury while you were on someone else’s premises, you could be entitled to compensation. One key question is whether the owner of the premises was negligent in how they maintained their property – in other words, were they as careful in dealing with hazards as a reasonable person would have been under the same circumstances?
Another key factor is why the injured person was on those premises to begin with. Were you specifically invited onto the premises by the property owner? Was it a public accommodation, like a store or a restaurant, that the owner knew or should have known would be entered by a wide range of individuals?
Cases like this are typically governed by state law. Premises liability lawyers must look to the statutes and precedents here in Florida to see if a particular claim has a chance of success – that is, is the court likely to award damages?
If you have been injured in Miami due to the negligence of another on their property, waste no more time in calling our trusted Miami personal injury lawyers today to start seeking the compensation you deserve.
Let us take apart the concept of negligence, which is at the heart of so much civil litigation, including premises liability cases. There are usually four questions to ask:
- What was the duty of care that the property owner owed to the injured party?
- Did the property owner breach this duty?
- Did the breach of duty cause the harm to the injured party?
- Was the harm significant enough to justify the award of monetary damages?
If the court finds that the property owner breached their duty of care, then the door is open to a possible award of damages.
Many premises liability cases fall into the classic “slip and fall” category, where a walkway or stairwell was not properly maintained and an individual fell down. However, there are other sorts of hazards that property owners have a duty to avoid. Was there a dangerous dog on the premises that should have been restrained?
As an article in the Florida Bar Journal noted, “The first step in any premises liability case in Florida is to ascertain the specific legal category that the plaintiff occupies.” There are several difference classifications of persons who are on someone else’s premises, such as:
- Invitees and social guests
Invitees and social guests are typically found to be deserving of the highest standard of care, since in both cases the premises owners specifically asked them to come onto the property.
Licensees – “persons who choose to come upon the premises solely for their own convenience without invitation either expressed or reasonably implied under the circumstances,” in the words of one Florida court – get a lower standard of care.
As one might expect, trespassers have been found to be deserving of almost no care at all, although even in such a case property owners are not allowed to inflict willful or wanton injury.
Was there faulty electrical wiring exposed that could shock a person? Was there snow or ice that should have been shoveled? That usually is not a problem in Florida, but it can happen.
Consult with a Miami Premises Liability Attorney Today
If you have suffered from costly medical expenses, lost wages, or other sorts of damages due to the negligence of a premises owner, do not wait another day. Contact our firm to find out how you can get compensation.