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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.

Library for Slip and Fall: Premises Liability:

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.
Summer Pool Safety Tips
Description: Here are some summer pool safety tips for those of you with home pools. Hope everyone has a safe and happy summer!
Florida Dog Bite Premises Liability Law
Description: An overview of Florida's dog bite laws.
Alcohol Liability in Florida
Description: Florida's dram shop laws are limited in scope and allow bars and restaurants to get away with over-serving intoxicated patrons who drive home. Liability for alcohol service should be imposed on anyone who provides alcohol to an intoxicated driver.

Web Resources for Slip and Fall: Premises Liability:

Lorandos and Associates
Description: Lorandos and Associates specializes in litigation encompassing everything from business litigation to highly-contested divorce cases, partnership disputes to commercial litigation, white-collar crime to employment litigation.
Spanish Lawyer New Jersey
Description: Vlasac & Shmaruk, qualified lawyers in New Jersey provide legal assistance to Spanish clients in cases like commercial litigation, personal injury, medical malpractice and many more.