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Articles Posted in Premise Liability

You probably know that property owners have a duty to maintain their premises in a safe condition and free from reasonably foreseeable hazards. You might also be aware that there are limitations on this legal obligation. Under Florida law, property owners cannot be held liable in a lawsuit when a trespasser is hurt on their property. Even if you did not realize this limitation, you can understand the logic: The owner or party in control over the premises should not have to pay compensation to someone who was not legally present on the property. 

There are exceptions to the trespassing rule, however, and one is of particular interest in Florida – where so many households and homeowners’ associations have installed pools. A Miami premises liability attorney can explain the operation of the “attractive nuisance” rule and how it affects your rights. An overview of the duty of property owners, limitations, and exceptions may also be helpful.

Property Owners’ Duties and Trespassers

In a lawsuit recently filed in the Miami-Dade Circuit Court, plaintiffs are seeking $25 million in damages from the owners of an apartment complex in Gladeview, a suburb just northwest of Miami. The allegations stem from an incident that occurred in November 2019, when a man was killed by a tenant while attempting to visit his mother at her apartment unit. The wrongful death case was filed on behalf of the victim’s widow, who claims that the defendants failed in their duties as property owners and other parties in control over the apartment complex.

 
While the allegations are very detailed in terms of facts, the lawsuit is based upon a concept termed premises liability in the practice of law. The key issue revolves around what the defendants did and did not do to keep the apartment complex safe for residents and their visitors. Because of the complicated legal issues, it is important to work with a Miami negligent security attorney if you were hurt because of criminal acts on property. An overview may also be helpful.

 
Legal Basis for Negligent Security Cases 

While often referred to as “slip and fall” accidents, the nature of your legal rights falls under the category of premises liability if you were hurt in such an incident. As with many other personal injury claims, the basis of these claims is negligence. You can recover compensation if you can prove that a property owner knew or should have known about a dangerous condition on the premises, and that person or entity failed to address it – either by fixing the hazard or warning others. 

However, the language “knew or should have known” often confuses people in terms of proving the essential elements of a premises liability case. In short, the phrase relates to a property owner having notice of the dangerous condition. The legal details are much more complicated, which is why you should trust a Miami slip and fall accidents attorney to assist with your case. Some general information may also be helpful.

The “Notice” Requirement

If you were injured in a slip and fall accident or other incident that occurred because of dangerous conditions on property, you probably know that you have options under Florida law. It is possible to recover compensation for your losses, either through an insurance claim or in court. However, you may not understand the legal nuances and subtleties involved with these claims, which fall under the concept of premises liability. 

As a result, if you try to represent yourself, you are more likely to make mistakes in the immediate aftermath and later on in the legal process. Ultimately, your claim may be denied or you will be forced to accept a lowball amount to settle it. You can avoid the first, most crucial error by retaining a Miami premises liability lawyer right away. In the meantime, keep in mind the following points so you do not hurt your chances of receiving full compensation.

  • Not Getting Evidence from the Scene: If you are physically able on account of your injuries, collect as much information as possible at the exact location of the slip and fall accident. Take pictures and video with your cell phone, get contact information from witnesses, and make sure to note the presence of any surveillance video cameras.

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

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