Slip and Fall Attorney
If you have been hurt or injured on property that is owned or operated by someone else, it is possible for you to recover monetary damages from the property owner to cover your medical expenses, lost wages and pain and suffering. Call our Lake County, Florida Injury Attorneys at 855-LAW-2020 for a free consultation*.
Often times, cases concerning Premise Liability involve slip and fall accidents. These cases are not always as simple as they may seem because they frequently involve complex issues regarding insurance coverage and liability. An important thing to know is that most homeowners’ insurance policies provide coverage of medical bills regardless of fault; all that needs to be proven is that a person was injured on the property covered by the homeowners’ policies. It is not necessary to prove fault on behalf of the homeowner, because claims are paid by an insurance company and not the actual homeowner.
Premises liability is the liability of a landowner for certain traits or actions that occur on the real property.
Summary: Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.
1. The defendant must possess the land or “premises”.
2. The plaintiff must be an invitee or, in certain cases, a licensee. Traditionally, trespassers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, entitled Rowland v. Christian, which abolished the significance of legal distinctions such as invitee, licensee, or trespasser in determining whether one could hold the possessor of a premises liable for harm. This opinion was vastly influential on many other state courts in the United States, and is viewed as a seminal opinion in the development of the law of premises liability.
3. There must be negligence or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person is injured on the premises of another by a third person’s wrongful act, such as an assault. These cases are sometimes referred to as “third party premises liability” cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is, ostensibly, seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury-producing act was, arguably, not caused by the possessor or owner.
The slip and fall areas our Florida Injury Attorneys cover include:
Algae on steps or sidewalks
Broken Sidewalks and steps
Falls at water parks, swimming pools and theme parks
Inadequate lighting
Lack of railings
Merchandise falling from shelves
Poorly maintained steps
Slippery floors
Slips on spilled or broken merchandise
Trips over uneven rugs or matting
Uneven surfaces
Cases where a business is involved can bring with it complex issues regarding insurance coverage. Occasionally, businesses are covered by multiple insurance policies and it is imperative to fully understand each of these policies before making your claim. The actual time frame is determined by the insurance policy itself, so it’s important to know what to do next and our Lake County, Florida Personal Injury Attorneys at Boyette, Cummins & Nailos, PLLC, are here to assist with your case.
According to Florida premises liability law, property owners have an obligation to maintain their property in a manner that makes it reasonably safe for the public. When they fail to do so and someone gets hurt, they can be held liable for damages. At the law firm of Boyette, Cummins & Nailos, PLLC, our attorneys are experienced in dealing with the many issues that may arise from premise liability cases (including slip and fall cases). Call or email us today to schedule your free consultation*. 855-LAW-2020
