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David M. Benenfeld, P.A.
7800 W. Oakland Park Boulevard
Building F
Suite 216
Sunrise, FL 33351
Phone: (954) 677-0155
Fax: (954) 677-0773

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Slip and Fall: Premises Liability

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Slip and Fall: Premises Liability

Accidents happen

Fortunately, most of them are minor. You stub your toe, or spill a little coffee on yourself. You deal with a brief period of pain, and at worst you have to spend a little money at the dry cleaners, but these aren’t the sort of episodes that are really going to affect your life.

But sometimes, the accidents aren’t minor. Your car gets hit by somebody else and you break your leg, or hurt your neck and back. You slip and fall because of a wet floor. You face hospital time, lost wages from missing work or physical therapy costs.

If the accident happened because the other driver was talking on a cell phone instead of paying attention to the road, or someone failed to dry a wet floor, should you be the one paying for all of these costs?

Absolutely not. Those accidents happened because somebody else wasn’t exercising an appropriate level of care. Someone who should have been paying attention wasn’t. Someone who should have had proper training didn’t. And the end result of this negligence is an injury to you.

The same principle applies when you are shopping in a store, or staying in a hotel, or walking near a building project. Property and business owners have a responsibility to make sure that the areas that they make open to the public are safe. This means doing things like putting out signs that mark a wet floor, or making sure that a stairwell is adequately lit. It also means taking care of the not so obvious things, like making sure that all parts of the building are properly maintained.

This is called Premises Liability.

Slip and Fall: If someone gets hurt because a property owner doesn’t mark a wet floor, or adequately cover a drain or hole in the floor, or essentially overlooks basic safety, that property owner is liable for the damages. That could include medical bills, lost wages, and emotional distress.

Exposure to Toxic Chemicals: A business or property owner that exposes tenants and/or customers to hazardous materials such as lead paint, asbestos or mold can be liable for any medical costs or other related damages, even if he claims to have been unaware of the problem. Claiming ignorance of the situation simply means that there were not enough adequate inspections to ensure that those working or living in the property were able to do so safely. There are also examples where chemicals are used in everyday places, but are used inappropriately. Swimming pools treat their water with chlorine, which is kept on the premises in enormous amounts. Not properly regulating the amount of chlorine in a pool can cause severe damage to the skin and eyes, and an accidental spill can prove equally disastrous.

Construction: Any property owner that is having maintenance or construction done is also responsible for making sure that it is done safely and done with minimal contact with customers or passersby. For instance, painters, window washers, electricians or other laborers should make sure that all of their tools are secured at all times. Something as small as a quarter-inch bolt can cause enormous damage if it is dropped from a great enough height. A building site that isn’t adequately sealed off or marked can prove deadly for passersby that aren’t aware of it.

Lack of Security: A resident of an apartment building or a guest at a hotel who becomes a victim of an assault, robbery or rape should consider the circumstances that led to the crime. It is the owner and the property manager’s job to make sure that their tenants or guests are as safe as possible from intruders and criminals, and failure to do so due to weak locks, no control of who can enter the building, not enough security guards, or security guards that are poorly trained can be considered negligent behavior.

Alcohol Liability: Florida has what are called “Dram Shop Laws,” which make it possible for bar owners to be financially liable in the event that an obviously intoxicated customer causes bodily harm to someone else. These laws might seem unreasonable at first glance, but if a bartender sells alcohol to a customer that is already drunk and doesn’t even make an attempt to keep him from driving, then the bartender has directly contributed to the bad results.

David Benenfeld: Experienced Advocate for Injured Floridians

The average citizen of Florida is usually unaware of his or her rights as a guest, tenant or customer. Because of this, they rarely consider issues of liability after an injury or assault. David Benenfeld has been advising and working for the injured of Broward, Miami-Dade and Palm Beach county for over a decade, and he has helped many victims of premises liability secure the compensation that they deserve.

By working closely with his clients and presenting cases firmly grounded in legal precedent, David Benenfeld has earned a reputation as a skilled and formidable attorney. This allows him to bring cases to a favorable close at a faster rate than most other personal injury lawyers.

If you or a loved one has been injured due to the negligence of others, contact our offices for a free legal consultation today.

Blog for Slip and Fall: Premises Liability

Library for Slip and Fall: Premises Liability:

Tips for Avoiding Slip & Fall Accidents in the Winter
Description: Some slip and fall accidents are more serious than others, with winter conditions often increasing the risk of slip and fall accidents. Certain precautions should help reduce your risk of becoming involved or injured in a slip or fall accident.
Pembroke Pines Accident & Injury Lawyer | Broward County Personal Injury Attorney
Description: If you have been injured in a car accident, slip and fall accident, or work-related accident in Pembroke Pines or the metro Ft. Lauderdale area, feel free to call Injury Law Service for free answers to your most pressing questions. David Benenfeld can also assist you if you have lost a loved one due to wrongful death or have questions regarding social security disability insurance.
David Benenfeld, Attorney for Slip & Fall and Premises Liability Accidents
Description: If you have been injured in a Florida premisis liability or slip and fall accident and have questions for an experienced Ft. Lauderdale personal injury lawyer, feel free to contact David Benenfeld at Injury Law Service for free resources and information unique to your specific situation.
Dade County Accident & Injury Attorney | FL Personal Injury Laywer
Description: Miami-Dade County, also referred to simply as Dade County, is located in southeastern Florida and is the largest county in the state in terms of population. It is home to the city of Miami, Miami International Airport, Florida International University, University of Miami, Miami Dade College, many popular beaches, and parks such as those at Biscayne Bay. Experienced personal injury attorney David Benenfeld of Injury Law Service handles cases in Dade, Broward, and Palm Beach counties. Dade County residents can reach Injury Law Service locally at (305)623-5959.
Children & Swimming Pool Accidents/ Water Safety
Description: Many of you may be planning several trips to the pool or other bodies of water this summer and, while it is easy to remember the fun associated with swimming and other water activities, it is important to note the dangers of swimming pools and other wet areas. If you or your child has been injured in a swimming pool accident or slip and fall accident around a swimming pool, feel free to contact experienced personal injury attorney David Benenfeld with any questions you have regarding premises liability. 954-677-0155.
Information about the Broward County Sheriff's Office | Broward Injury & Car Accident Lawyer
Description: The Broward County Sheriff's Office in Broward County, FL, is a "full service public safety agency" in the state of Florida, according to its website. David Benenfeld of Injury Law Service handles cases in Broward County, and many of his clients have been involved in auto accidents handled by the BSO. Injury Law Service: 954-677-0155.
Slip & Fall Accidents: Leading Cause of Traumatic Brain Injury (TBI)
Description: Florida slip and fall accidents occur in high numbers every year, often resulting in traumatic brain injury. According to the Center for Disease Control, 28% of all traumatic brain injuries are caused by slip and fall accidents, which are the leading cause of TBI. If you have sustained an injury due to a slip and fall accident, please feel free to call us at Injury Law Service for free answers to your most important questions. We handle slip and fall cases in Sunrise, Ft. Lauderdale, and throughout the state of Florida and only represent the injured. Call 954-677-0155 or (toll free) 1-866-943-5766.
Exposure to Asbestos
Description: Asbestos exposure can cause serious problems and a landlord or property owner can be held liable. This article discusses the health risks and compensation associated with asbestos exposure. Contact David Benenfeld today at (866) 943-5766 for legal advice regarding your asbestos case.
Florida Premises Liability Plaintiffs
Description: In a Florida slip and fall lawsuit, a plaintiff can be an invitee, licensee or trespasser. The property owner’s liability for injuries depends on the visitor’s classification at the time of the injury.
Lead Exposure
Description: Individuals exposed to lead, whether through lead-based paint, drinking water, air or other sources can have serious health complications. Immediate treatment is crucial to prevent permanent damage. Property owners can be held liable for exposing tenants and consumers to lead. Call David M. Benenfeld at (866) 943-5766 for legal advice regarding your lead exposure case.

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The Law Firm of David Benefeld represents clients in Andover, Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Brownsville, Bunche Park, Carol City, Coral Gables, Coral Terrace, Country Club, Country Walk, Cutler, Cutler Bay, Cutler Ridge, Doral, East Perrine, El Portal, Everglades, Fisher Island, Florida City, Fountainbleau, Gladview, Glenvar Heights, Golden Beach, Golden Glades, Goulde, Hallandale, Hialeah, Hialeah Gardens, Homestead, Homestead Base, Indian Creek, Indian Creek Village, Islandia, Ives Estates, Kendale Lakes, Kendall, Kendall West, Key Biscayne, Lake Lucerne, Lakes by the Bay, Leisure City, Modley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores, Miami Springs, Miramar, Naranja, Norland, North Bay Village, North Miami, North Miami Beach, Ojus, Olympia Heights, Opa-Locka, Palmetto Bay, Palmetto Estates, Palm Springs North, Pembroke Park, Pinecrest, Pinewood, Princeton, Richmond Heights, Richmond West, Scott Lake, South Miami, South Miami Heights, Sunny Isles Beach, Sunset, Surfside, Sweetwater, Tamiami, The Crossings, The Hammocks, Three Lakes, University Park, Virginia Gardens, Westchester, West Little River, West Miami, West Perrine, Westview and Westwood Lakes.

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David M. Benenfeld, P.A.
7800 W. Oakland Park Boulevard
Building F
Suite 216
Sunrise, FL 33351
Phone: (954) 677-0155
Fax: (954) 677-0773
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