Dedicated to Helping Injury Victims Throughout Florida
Dedicated to Helping Injury Victims Throughout Florida
Premises Liability
West Palm Beach Attorneys Representing Injured People in Premises Liability Claims
Accidents brought about by dangerous conditions on a property are one of the most common causes of personal injuries. While some accidents that occur on properties are unavoidable, most are caused by the oversights and omissions of the person that possesses the property. People that carelessly allow an accident to occur can be held accountable for any harm caused by the accident, however, and anyone injured in an accident should confer with an attorney to discuss what damages may be recoverable.
If you suffered harm due to an accident on another person’s property, the zealous West Palm Beach personal injury attorneys of Winegar Law, P.A., will work tirelessly to help you seek any compensation you may be owed via a premises liability lawsuit. Our knowledgeable attorneys are proficient at assisting injured people in West Palm Beach and Miami in the pursuit of damages.
Common Causes of Premises Liability Claims
Slip and falls and trip and falls account for a large number of premises liability claims. Slip and fall accidents usually occur due to liquid or debris on the floor of a business such as a bar, restaurant, or grocery store. Trip and fall accidents, on the other hand, often happen due to stairs, sidewalks, or pavement that have fallen into a state of disrepair, uneven flooring, or loose floorboards. Premises liability claims can also arise out of harm caused by falling objects, such as merchandise that is not properly placed on a shelf in a store or injuries suffered due to the collapse of an improperly maintained porch or deck.
Elements of a Premises Liability Claim
Generally, a premises liability accident occurs because the parties that own or operate the property failed to maintain it in a safe condition. In such instances, the owner or operator may be held accountable for the injuries brought about by their neglect. Therefore, in most lawsuits arising out of accidents that occur due to a dangerous condition encountered on a premises, the injured parties will assert negligence claims against the property owner.
Under Florida law, negligence is made up of four elements, duty, breach, causation, and damages, and a plaintiff must establish each element to recover compensation. Specifically, a plaintiff has to show that the defendant owed the plaintiff a duty of care, but the defendant breached the duty in some manner, which proximately caused the plaintiff to sustain measurable losses. In sum, the plaintiff has to show that the accident and subsequent harm would not have happened but for the defendant’s behavior.
In Florida, business owners owe a duty to prevent those who lawfully enter their property from sustaining foreseeable harm. Among other things, this means that they have to warn business invitees of any known hazards they may encounter on the property and remediate any dangerous conditions of which they are aware. In cases where the plaintiff suffered harm due to a fall caused by a transient substance, the plaintiff must demonstrate that the defendant had actual or constructive knowledge of the substance. Typically, this is done via evidence showing that the hazard was one that regularly arose at the defendant’s business and, as such, was foreseeable or that it existed for such a length of time prior to the fall that the store owner should have been aware of it.
Meet with a Capable Florida Personal Injury Attorney
An unsafe premises may lead to an accident that causes severe injuries, and people injured on another person’s property have a right to pursue damages for their harm. If you were injured in an accident on someone else’s property, it is in your best interest to speak to an attorney regarding your options for protecting your interests. At Winegar Law, P.A., our capable personal injury attorneys will craft effective arguments to help you prove that the party responsible for your accident should be held accountable. We routinely assist people in premises liability cases in West Palm Beach and Miami, where our offices are located, and in other cities throughout Florida. We can be contacted through our online form or at 561-717-0447 to set up a meeting regarding your potential claims.
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