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Articles Posted in Premise Liability

ben-hershey-Qc140r8ouCY-unsplash-copy-300x181Indoor trampoline parks seem like an ideal way to spend an afternoon with the family, but there are serious risks amidst all that fun. According to SafeBee, an initiative from United Laboratories (UL) dedicated to making neighborhoods and communities safe, the experience for many participants is cut short by a visit to the emergency room. There has even been one recorded fatality due to a broken neck incurred while jumping. The concerns for parents are troubling and understandable, since indoor trampoline parks are particularly appealing to children. 

If you or someone you know was hurt in an accident while jumping at a trampoline park, a Miami premises liability attorney can assist with your legal options. To understand what they are, some background information may be helpful.

Statistics on Indoor Trampoline Injuries

kay-V3qzwMY2ak0-unsplash-copy-300x225Gambling is big business across the US, but it has exploded in popularity in Florida in recent years. According to the American Gaming Association, the Sunshine State brought in record gaming revenue that averaged $557.8 million from 2017-2018 – the ninth consecutive year of growth. If you are one of the people contributing to these figures, your first concern might be how hard your wallet will get hit at the slot machines or Blackjack table. You are probably not focusing on the much more significant losses that can result from an injury-causing accident at a casino. 

If your fun time turned tragic because of a casino accident, Florida law does provide you with legal options through a premises liability claim. However, these cases present more unique challenges compared to a typical slip and fall. You should trust your Miami personal injury and premises liability attorney to handle the details, but some key points might help you understand the important issues.

Proof in a Florida Casino Injury Claim

lindsay-henwood-7_kRuX1hSXM-unsplash-copy-300x200Miami apartment living comes with many different conveniences and perks that residents find attractive, including access to a pool, fitness center, parking facilities, and other amenities. For some, one of the best benefits is having a landlord or property management company handle repairs and maintenance. There is a certain sense of comfort that comes with not being responsible for these issues, since you know that the overall costs are covered as part of your rent. 

Of course, on the other side of things, your landlord’s responsibilities are also a critical component of the relationship. When those in control over apartment complexes do not live up to their legal obligations, their failures put residents, guests, and visitors at risk of serious injuries. A Miami slip and fall accident lawyer can explain your legal remedies if you were hurt, but some background information may be useful.

Liability for Dangerous Conditions

louis-renaudineau-hPSobsDtXQo-unsplash-copy-300x200When you are hurt because of dangerous conditions on property, you may have legal options to recover compensation under the theory of premises liability. In general, this legal concept imposes a duty on owners to keep the property in a reasonably safe condition for those who enter upon it. If they breach this duty, they can be liable to pay monetary damages to an injured victim. The main issue in many premises liability cases is what acts or omissions would constitute a breach of duty. 

At times, the breach may be a result of general negligence, but an accident may also occur because a property owner violated a law. The distinction matters, and a Miami premises liability attorney can explain why. You might also benefit from reviewing some of the basics regarding common law and statutory duties of property owners.

Legal Basis for Injuries on Dangerous Property

alexandre-godreau-510220-unsplash-copy-300x200Florida law requires business and property owners to maintain their spaces in a reasonably safe condition, but many of them do not live up to their duties. Non-Fatal Injury Data gathered by the US Centers for Disease Control and Prevention reveals that the top cause of bodily harm for 2017 was accidental slip and falls, followed by unintentional strikes by an object – both of which are common in restaurants, stores, apartment buildings, office complexes, and other locations throughout Miami. 

Under normal circumstances, you would file an insurance claim or go to court to pursue your remedies as a victim. However, instead of allowing the process to run its course, a property owner might try to avoid legal action by offering you something of value. There are many reasons Miami premises liability attorneys warn against this, so you should review some important information before accepting anything.

Why a Property Owner Might Offer You Perks

clay-banks-_wkd7XBRfU4-unsplash-copy-200x300AirBnB and related home sharing services seem almost too good to be true. You can make arrangements to stay in a private home for a fee, which is often less than booking a hotel room. In a hot tourist destination like Miami, you can even get a unique or hard-to-get space that you would never have access to through traditional accommodations sources. 

However, because AirBnB is such an innovative approach to lodging, you might wonder how your rights work if you are injured as a guest. Accidents often occur because of negligence, but you may not know where to begin with obtaining compensation for your losses. You can discuss the details with a Miami premises liability attorney, but read on for some general information about injuries and AirBnB rentals.

AirBnb Protects Guests with a $1,000,000 Insurance Policy

rene-bohmer-WR7P60pbUzQ-unsplash-copy-300x200If you were hurt because of dangerous conditions on property, your claim falls under a theory called premises liability in Florida. By proving certain facts, you can recover monetary damages for your injuries, including your medical bills, lost wages, pain, suffering, and many other losses. While each element of a premises liability case is equally important, the issue of notice or knowledge of the hazard is one of the most disputed. A property or business owner can use this element to fight your claim, in which case you may not recover any compensation. A Miami premises liability attorney can describe the key legal issues, but you may find it useful to check out the overview below. 

Basic Elements of a Premises Liability Case

To succeed in a claim for premises liability, you must prove that:

victor-garcia-718191-unsplash-copy-200x300Just as any other major metropolitan area, Miami sees its fair share of criminal activity. Neighborhood Scout, an online resource for information about crime, reveals that there have been more than 22,000 criminal incidents so far in 2019 – 3,358 of which involved violent offenses. These figures are derived from multiple sources, including arrests, incident reports, and other databases of criminal statistics. 

While this information may be useful when you are searching for a new home, crime statistics may also be key evidence in a negligent security claim if you are injured because of property owner negligence. You can learn the specifics from a Miami premises liability lawyer, but you may also benefit from some general information about these cases.

Overview of Security in Premises Liability Claims

dan-calderwood-6nPXF3rIRnQ-unsplash-copy-200x300Every year, hundreds of people are hurt in accidents on property around Miami, including shops, restaurants, office buildings, apartment complexes, and others. In some of the incidents, the hazardous conditions that cause slip and fall injuries are linked to building code violations. While the Miami-Dade County Department of Regulatory and Economic Resources may issue a citation, the most an offender receives as punishment is usually a fine.

If you are a victim of such an accident, this fine is little consolation for the losses you suffer. Fortunately, you do have rights, and a Miami slip and fall accidents lawyer can assist with your claim. Plus, you may find it useful to review some general information on these cases.

Evidence of a Code Violation

victor-garcia-718191-unsplash-copy-200x300Chances are that you know what a “slip and fall” accident is, but you may not be familiar with the legal concept behind it. In Florida, these cases are based upon premises liability, which imposes a duty upon property owners to keep their spaces reasonably safe for others. The duty applies to stores, restaurants, apartment buildings, office complexes, theme parks, and many other types of businesses. When those in control of these spaces fail in their legal obligation, a guest or visitor may slip and fall – hence the colloquial term for these claims.

However, there are many other ways a property owner may fail in the duty to maintain safe premises. For instance, the responsible party may not take proper measures to provide security. You can trust a Florida premises liability attorney to provide personalized information regarding your circumstances, but it may help to review some answers to frequently asked questions about negligent security.

What does “negligent security” mean?