Lowe's Slip and Fall Attorney in Homestead
Lowe's Home Improvement stores attract thousands of people every day. Lowe's has about anything you need for home repairs and do-it-yourself projects. They even have an extensive gardening department stocked with plants, trees, mulch, and landscaping equipment. Outdoor gardening areas may pose a danger to those visiting Lowe's. Walkways that are wet or have pools of standing water may pose a slipping risk. Uneven pavement, debris lying on the ground, or hoses strung out across walkways may lead to a trip and fall accident.
When you've been seriously hurt in a fall, you may need expensive medical treatment to recover from your injuries. Accident victims may be financially stretched if they can't work due to their injury. If you were hurt at the Homestead Lowe's located at 1850 N.E. Campbell Drive, it's a good idea to speak with a personal injury attorney at Wolfson & Leon in Miami about your accident. If you have a case, they can help you work through the process. To set up your free case consultation, call Wolfson & Leon today at (305) 285-1115.What is Premise Liability?
A business has a legal responsibility to ensure that they keep a safe premise for visitors on their property. If their failure to keep it safe causes an injury to someone else, the business may be liable. If you slip and fall at their place of business, you may have a personal injury claim that falls under premise liability.
Premise liability claims are not cut and dry. Several elements must be proven by the injured party in a premise liability claim.
Duty of care – Establishment owners owe people a certain level of care. But the extent of care is based on why the person was on the property, to begin with.
- Invitees – This includes customers, clients, or other people on the property for a legitimate business purpose. An invitee is due the highest standard of care. An owner keeps the premises safe by regularly inspecting their property. Owners must either repair dangerous conditions or notify invitees of their existence. The owner must also let them know of a hazardous situation that they should have known about for an invitee.
- Licensee – This covers guests who were invited to a property for social reasons, such as to attend a party or an event. The duty of care for a licensee is like that of an invitee except that a property owner is only required to notify a licensee of a dangerous condition that they know exists. An owner is not required to notify a licensee of a hazard that they should have known about.
- Trespasser – As an uninvited guest, a property owner owes a trespasser the lowest level of care. However, a property owner must still exercise reasonable care to prevent intentional or reckless injuries from occurring.
Breach of care – The injured party must prove that the owner breached their duty of care. This may happen if the owner did not regularly inspect the property or knew that a dangerous condition existed and didn't repair it.
For invitees, a breach of care may be violated if the owner should have known that a dangerous condition existed. For example, if paint is regularly spilled onto the floor when mixed or when customers open the cans, a store may take steps to periodically check the aisles in case spills happen that aren't reported.
Cause – The injured party must prove that the owner's breach of their duty of care caused the accident and their injuries.
Damages – As the injured party, you must also prove that you suffered damages due to your injury. Proof may come in many forms, such as supplying medical records, pictures, and even your healthcare professional's testimony.
In a premise liability claim, you must prove that the owner was negligent in their responsibility to reasonably ensure safety. When you are up against Lowe's, or any other large corporation, it's to your advantage to get the best legal help to defend your rights and recover damages.Slip and Fall Accident Law Firm in Homestead
At Wolfson & Leon, our Miami personal injury attorneys have represented injured victims for premise liability claims for more than 55 years. If you don't know or aren't sure if you have a case, we will evaluate your claim for free. Should you have a case, we help you through the process. We handle the paperwork associated with filing your claim, as well as the phone calls and negotiations with the insurance company. You pay no fees for service unless your case is settled. Find out what your rights are today by calling Wolfson & Leon at (305) 285-1115 today.