Property owners are generally required to provide for the safety and security of their customers, visitors and guests. If an owner fails to comply with obligations basic safety measures, then the owner may be charged with negligent security under premises liability law.
People injured on property have certain rights under Florida law. Moreover, those who own or manage that property have certain responsibilities. Therefore, if you are injured on property, then contact me, your experienced Venice premises liability lawyer David Hughes Harris, to discuss your circumstances.
Premises Liability Lawyers Pursues Justice
Premises liability is the legal basis for holding a property owner responsible for injuries which occur on property. Accordingly, property may be residential, such as a home. Furthermore, commercial property may include retail stores, apartment buildings, shopping malls, grocery stores, plazas, parking lots, and more. Finally, a premises includes the property outside the building or facility and any inside or interior locations of the property.
Furthermore, your premises liability lawyer pursues claims for injury arising in several common instances, including the following:
- slip and fall
- trip and fall
- negligent security
- construction site accident
- falling merchandise
- swimming pool accidents
Consequently, under Florida law, owners and tenants have a legal duty to maintain their property in reasonably safe condition. Moreover, this responsibility falls upon managers if the owner has given up control over maintenance or safety.
Keeping Property Safe Is Priority for A Premises Liability Lawyer
Tenants on property are also called possessors of the premises because they physically occupy the property. However, commercial tenants, such as retail stores and supermarkets, often do not own the property where they are located. Instead, many businesses sign long-term leases in which the business assumes all liability for inspection, maintenance, and keeping the store safe. Especially relevant, as your Venice premises liability lawyer, I pursue all legally responsible parties.
There are several ways to keep a property safe for customers and visitors. Customer safety, for example, is priority one for businesses. Accordingly, to keep the premises safe for customers, businesses often must take the following steps:
- inspect the premises for defects or hazards
- maintain the property so that it is free from hazards
repair, fix, or correct dangers or defects
warn customers or guests about any hazards or dangers on the property
When a customer or visitor is injured on premises, liability may result. Accordingly, I investigate whether there was proper inspection, maintenance, or repairs. Moreover, I determine whether warnings were provided about such dangerous conditions. Hence, if these failures occurred, then the store may be held liable for damages.
Premises Liability Lawyer Describes Dangerous Conditions on Property
Dangerous conditions, also called hazards or defects, can exist on property causing harm to a customer, guest, or visitor. Accordingly, there are many examples of what constitute dangerous conditions. Moreover, as your premises liability lawyer, I can show you numerous instances how these defects and harms occur:
- Slip and Fall or Trip and Fall
- liquid on floor
- foreign substance on floor
- broken stairs or steps
- missing or broken handrails or guardrails
- unmarked step-downs
- uneven thresholds
- uneven sidewalks
- unguarded holes
- violation of building codes
- no warning signs
- Falling Merchandise
- improperly stacked product on shelves
- overloaded shelves
- failing to secure products on shelf overhead aisle
- failing to warn
- Pool Drowning
- unprotected or unguarded swimming pools
- lacking pool gate
- broken pool gate
- lack of childproofing pool area
- no pool alarm
- drain entrapment
- Negligent Security
- crime committed in parking lot
- store fails to monitor premises
- store security fails to act
- inadequate security
- failing to prevent criminal activity on premises
- failing to warn customers about high criminal activity rate on premises
- Construction Site Accidents
- unguarded construction site
- OSHA violations
- child access to construction zone
- lacking safety devices
- lacking protective equipment
- failing to warn
These are serious matters and often lead to very harmful injuries. Therefore, as your Venice premises liability lawyer, I may recover compensation for you from the property owner’s insurance company.
However, in every case, the injured person must prove negligence to establish premises liability for damages.
I Represent the Injured
Customers and visitors often suffer harm because property owners fail to take basic safety precautions, and severe injuries result. Moreover, major harms, such as head injuries, broken bones, and brain damage, can result from these incidents.
Therefore, don’t delay contacting me, if you are seriously hurt on premises in Venice and nearby communities. These cases are not nearly as simple as many might think. Accordingly, seeking counsel early is an important first step for every injury victim.
Your Premises Liability Attorney Pursues Your Injury Claim
Every property owner and manager must keep property safe for customers and guests. This usually includes inspecting premises for dangers, repairing defects, cleaning up spills, and warning customers about dangerous conditions. Exercising caution where dangers exist is critical.
It should all be fairly simple. However, people are injured on property by slips, trips and falls. Indeed, these incidents occur daily in stores, shopping malls, supermarkets, and other business establishments.
Unfortunately, many injuries are serious. Major injuries, such as broken bones, head injury, knee damage, and head injury, don’t just affect your day; rather, they affect your life.
Premises Liability Attorney Investigates Your Claim to Prove Fault
In major injury claims, who is legally responsible for damages is a critical question. Accordingly, every experienced premises liability attorney should inform you that liability depends on several factors:
- Customers can expect safety but trespassers cannot
- Where your fall occurs can affect your claim
- Did you act reasonably?
- Did property owner or manager act reasonably to keep property safe?
- Inspecting property to identify dangers
- Repairing, fixing, or cleaning up dangerous conditions
- Every property owner should provide warnings to alert customers
Each time, you must prove a owner or manager is responsible. Without this evidence, your claim dies.
If you are injured by dangerous property conditions, then property owners and managers may be liable for your damages. Photographs may help prove hazards exist. Moreover, your doctors should state whether your fall caused your injuries.
Your Legal Status Makes a Difference in Premises Liability Claims
Florida law follows basic common law rules classifying an injury victim’s status on property. Our courts use these classifications to determine whether you have a valid premises liability claim.
An invitee is a person who is invited onto property. This does not require a written invitation. Rather, an invitation may be express or implied. For example, receiving an invitation by hand out, mail, or email is an example of an express request for your attendance. However, businesses and stores are open to everyone. So, they informally invite customers just by opening their doors for people to purchase goods or services. Accordingly, when someone suffers injuries, then premises liability may result.
Similar to invitees, a social guest—also known as a licensee—refers to someone who is on property for his own purpose with a property owner’s consent. For example, someone attending a party at a private home is a social guest.
In either case, whether you are an invitee or social guest, a property owner may face a valid claim for your injuries.
Premises Liability Claims Often Fail If You’re Trespassing
Trespassers are people who enter property without an invitation, permission, or other right to do so. Often, postings warn trespassers to stay off property. Moreover, trespassers usually cannot pursue premises liability claims if they suffer injury.
However, children may trespass and still pursue premises liability claims.
For example, certain property features or conditions attract children. Our courts look at whether property triggers a child’s sense of exploration. Accordingly, in these attractive nuisance cases, property owners may be liable for child injuries.
Venice Injury Lawyer Pursues Compensation in Premises Liability Claims
Every premises liability claim faces factual and legal challenges. Accordingly, in major injury choose experience. Contact me, your Venice injury lawyer, for your free consultation.
I provide personal legal services, and investigate your claim while you play an active role. If you have questions, then I answer them. Moreover, if you want to talk or an update, then you contact me and I promptly responds. Because I believe in personal service, I am open, accessible, and responsive to you.
Moreover, I pursue maximum compensation for your injuries, harms, and losses. Using my vast experience, I quickly evaluates your premises liability claim’s strengths and weaknesses, and fights with your input and opinions.
Venice Premises Liability Attorney Addresses Fault
In Florida, property owners and managers are not automatically liable for your injuries. Accordingly, while many people believe malls, grocery stores, retail stores, supermarkets, must pay, there’s more to it.
Instead, you must prove fault first. Accordingly, as your Venice premises liability attorney, liability review begins immediately. Most noteworthy, Florida law requires we prove whoever owns or controls property was negligent.
Accordingly, as your Venice premises liability attorney I work to show a property owner or manager—including through employees—failed you. For example, a business created a dangerous condition. Another way is proving they did not inspect, correct, or warn you about a hazardous condition.
Your Venice Premises Liability Attorney Addresses Obligations
Property owners must keep their premises in a reasonably safe condition. Moreover, they must timely and properly warn you about defects. However, you must prove they didn’t. By proving this, you are showing their fault.
How do we prove fault? As your Venice premises liability attorney, I use facts showing an owner, manager, or employee actually knew, should have known through reasonable inspection, about hazards causing your injuries. Moreover, we use video or witness testimony to provide these facts.
Once we prove fault, then a business owner is liable. Therefore, a liable business owes your related medical bills, lost wages, and pain and suffering. Furthermore, as an Venice premises liability attorney, I negotiate your claim with a liable owner’s insurance company.
Venice Premises Liability Attorney Knows All Defenses
Even after you hire me as your Venice premises liability attorney, an insurance company won’t automatically pay compensation. Instead, insurance adjusters often defend these claims. Moreover, a common defense is you’re partially or completely at fault.
Here are some common defense examples:
- You weren’t paying attention
- No one knew about hazard
- Danger was open and obvious
This defense is not accidental. Rather, every defendant wants you to share responsibility in some way. Why? Because, if a jury decides you’re partially at fault, then your damages are reduced.
I’m Your Venice Premises Liability Lawyer Who Pursues Serious Injury Claims
Depending on your circumstances, your claim is either strong or worthless. Accordingly, contact me to find out where you stand.
Moreover, when I take your case, then there no games or nonsense. Instead, you are valued here and your opinions matter.
Your attorney should seek full and fair compensatory damages. If you are injured on property in Lee County or Southwest Florida I could potentially take on your case. The starting point is an introductory consultation. There is no risk, and no obligation. I am a no-win no-fee attorney — I’ll win your case or you owe me nothing. Together, we’ll work toward winning your claim.