Premises liability issues can be complex and cover a wide variety of incidents that personal injury attorneys often refer to under the law as difficult circumstances.
Because premises liability is fundamentally concerned with determining who is at fault for an accident. By definition, the phrase “premises liability” refers to the body of law that imposes liability for third-party injuries on the person in possession of premises or a piece of land. In other words, whoever occupies and intends to manage the property is responsible for ensuring its safety and absence of apparent dangers.
Slip & Fall
Slip & Fall incidents are among the most frequent types of accidents classified as premises liability. These events often occur at the worst times. We’re going through a grocery store and slip on a damp floor or fall over a loose stone on the path of a restaurant and break a bone. Such injuries seem to be entirely preventable if only the grocery store had posted a sign saying “Wet Floor” or the restaurant had repaired the stone months ago when they first spotted it. However, this is the point at which premises liability becomes more complicated. If, for example, a sign reads “Wet Floor, Beware!” and you slip and fall due to your inattention, you may be unable to establish the store’s responsibility for your accident. That is where an experienced premises liability attorney can assist you in sorting out the problem of carelessness and liability.
To summarize, no two slip and fall accidents are identical. There is no one-size-fits-all method for determining responsibility. Only an experienced Personal Injury Attorney will be able to determine if you have a case.
Filing a Case
If you file a case against a property owner, the court will consider the length of time that such a scenario lasted and whether the property owner was negligent or unreasonable in permitting such a condition to persist. Alternatively, he may have warned you of the issue, and you chose to ignore him. On the other hand, the court will evaluate whether the victim is a reasonable person.
If, for example, the victim was trespassing on the property owner’s land or engaging in behavior that he clearly should not have engaged in (such as drinking five beers and climbing to the top of the nearest oak tree), the court will consider the victim’s actions when determining premises liability.
Children Are a Protected Class
When it comes to premises liability, children are a protected class. When a kid sustains an injury on another’s property, a unique set of rules applies. In many instances involving children, a concept known as “attractive nuisance” is at play. Sometimes, these situations devolve into tragedy. Recently, a kid died after jumping over a damaged fence to play in a sand tunnel. For many parents in the area, the damaged fence and sandlot had long been a source of concern. They protested to the property owner, but the fence was never repaired. The kid died when the sand tunnel in which he was playing collapsed on top of him. The damaged fence and hazardous sandlot constituted an “attractive nuisance” as something that might pique a child’s attention. It was a tragic accident that might have easily been avoided. Similarly, property owners are responsible for protecting other attractive nuisances, such as an unsecured outdoor refrigerator, an unfenced swimming pool, or power equipment. Further, construction sites must also adhere to stringent safety regulations.
Premises liability also applies to workplace injuries. While worker’s compensation legislation holds employers legally responsible for most workplace injuries, the injured party’s recovery is restricted. A knowledgeable personal injury attorney focused on premises responsibility can ascertain if other problems, such as product liability, may be involved in such a work-related accident. Premises liability claims have a statute of limitations, which is why it is critical to contact an attorney who specializes in this kind of case as soon as possible after an accident.
Consider the Lieberman Injury Law Difference
When you first meet with Lieberman Injury Law to discuss your case, you will realize an intense level of dedication and vast legal knowledge. You will also experience personal attention that larger law firms usually don’t offer.
Call Jesse A. Lieberman today at 954-596-9944 in Deerfield Beach or contact us online to get started.