It is a phrase many folks hear and may not fully understand. That’s ok. It is a legal term. The phrase just describes the kinds of accident injury cases where people are hurt because of the way someone owned or operated a piece of land, or “premises”. Basically, if you own, operate, or maintain property, you have to follow the safety rules. Those rules include having to maintain and keep the property safe. When those rules are broken and there is an accident and someone is injured, the person who breaks the rules is responsible for the injuries they cause.
At Wolfson & Leon, our Miami slip and fall lawyers are premises liability lawyers who fight to enforce the safety rules for owning property to protect people against devastating slip and fall accidents. And our negligent security lawyers in Miami are also premises liability lawyers who fight to enforce the safety rules to protect people from being crime victims. Both of these areas of the law, and others, fall under the umbrella of premises liability law.Why is Premises Liability Law Important?
Just think how many businesses there are out there in Miami. From Walmart to K-Mart to Publix, all of these businesses are inviting our community in to do business. We, the public rely on these businesses to supply us with our essential products of daily life including food, toothpaste, medications, and gasoline for our cars. We cannot get these simple essentials without relying on businesses in the community. We give them our trust. And we give them our hard earned money for services including haircuts and medical services.
And they give us that unspoken promise to keep us safe. It is an unsaid deal we have. We, the public will shop in your stores. And the corporate empires and small businesses of America will keep us safe. We understand and appreciate their right to make a profit off of our patronage. We don’t begrudge that in a capitalistic society. But we demand that they keep us safe when we come in their stores. We understand that there are some situations that cannot be helped. But when corporate America violates the safety rules and, as a result, there is a slip and fall accident, then they must be held accountable for the damages that they cause.
If they are not held accountable, then this encourages others to keep their stores or businesses a mess and not care about public safety. If they don’t pay for that harm, then they are getting a free pass. A license to go out there and hurt others to make more money by having less people cleaning the floors or generally less attention to safety. Safety costs them money.
If they don’t have to pay for the harm they cause, why pay to keep stores safe? The answer is, corporate America will not. We will be less safe if the safety rules are not enforced. Our Miami slip and fall lawyers who handle premises liability cases know this first hand. And this is why premises liability law is important – it deters and stops other businesses from breaking the safety rules and keeps us safe.Dangerous Property Conditions
The Miami Florida Personal Injury Lawyers at Wolfson & Leon represent people injured in premises liability cases involving all kinds of dangerous property conditions. These include:
- Slip and fall from transitory (moveable) substances
- Slip and fall from unreasonably slippery walking surface
- Slip and fall from poorly maintained walking surface with buildup of slippery mold or growth
- Inadequate maintenance of the premises resulting in trip and fall accident
- Uneven sidewalks resulting in trip and fall accident
- Missing asphalt in parking lots causing trip and fall
- Defective conditions on the premises
- Inadequate building security leading to injury or assault
- Elevator and escalator accidents
- Dog bites
- Swimming pool accidents
- Falling objects in grocery stores, apartment buildings, homes, and retail shops
- Trip and falls
- Water leaks or flooding,
- Toxic fumes or chemicals
- Exposed electrical wiring
- Potholes on the road
- Crumbling concrete or stairs
- Uneven stairs causing fall down
- Inadequate lighting
- Falling debris
- Lack of security cameras
- Absence of guard rails
- Inadequate apartment safety
- Poorly maintained escalators or elevators
- Malfunctioning amusement park rides
- Absence of proper gate locks for swimming pools resulting in drowning
At Wolfson & Leon, our Miami Premises Liability Lawyers investigate accidents like these that involve hazardous conditions and a lack of safety. As your Miami slip and fall lawyers, we interview eyewitnesses, review surveillance film, consult safety experts, and work with other professionals in exposing negligence on the part of property and premises owners.
In many cases, however, property owners may attempt to remove incriminating evidence or fire employees who witnessed what happened in an attempt to avoid financial liability. Negligent security law is a big part of premises liability law. If you hire us, we are charged with working to ensure that evidence is preserved and your interests are protected in these cases and all premises liability cases. Our investigators will get out there and work to collect the evidence needed to prevail.
If you have any questions or you believe we can be of assistance, contact our Miami Premises Liability Attorneys at Wolfson & Leon today to schedule a free consultation to discuss your case. Just call us at (305) 285-1115.FAQ
Property owners and managers should maintain a safe premise for visitors. If hazardous conditions arise, property owners and managers must take reasonable steps to address the problem or notify people of the danger. Parking lots that have inadequate lighting, broken pavement, a spilled liquid not cleaned up promptly, or broken stairs are examples of hazardous conditions that could result in injury if not correctly fixed. When an owner or manager fails to notify a person of the danger or repair the issue timely, and someone gets hurt, this is considered premises liability.
The most common premises liability cases are slip and fall accidents. These types of accidents can happen when you slip in a wet entryway or fall over the broken pavement in the parking lot. Premises liability also covers swimming pool accidents, dog bites, and poorly maintained property, such as broken stairs or poor lighting. A premises liability claim may exist if you get hurt on an escalator or in an elevator. A premises liability case may also be possible due to inadequate security if a criminal act harmed you. This might be the case if past criminal acts occurred in the same location. If the property owner should have anticipated that a crime may happen based on history but didn't take steps to prevent it, they could be responsible for negligent security.
You are an invitee if you have gained the permission of the defendant to be on the premises. Customers and contractors are typical examples of an invitee. To prove that there is a premises liability case, an invitee must demonstrate that the defendant owned, managed, or leased the property where the injury occurred. An invitee must also prove that the defendant was aware of the hazardous condition, or should have reasonably known, as well as their failure to fix it within a reasonable time or notify visitors of its existence. Finally, the invitee must prove that they were injured as a result of the defendant's negligence.
Premises liability claims require specific legal experience since this can be a complex area of the law. When you need to find the best premises liability lawyer for your case, be prepared to ask questions. If the law firm offers a free consultation, find out what their qualifications are. Find out if you will work directly with the attorney, or do you deal with their staff? Does the firm focus on personal injury claims, such as yours? Will they use safety experts when building your case? If your case goes to court, can they defend your rights? When you take the time to ask about a personal injury attorney's experience, reviews, and track record, it can give you an indication as to how they will handle your case.
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