Premises Liability

Premises liability cases involve injuries received while on someone else’s property. Property owners and businesses have a duty to maintain a safe property for customers, pedestrians, and other visitors and effectively warn them of possible dangers. The following most often involve slip and fall accident cases: when a defective condition, foreign substance, or object causes a fall, you need a Miami-Dade, Broward or Palm Beach County accident attorney. When a visitor suffers a preventable injury on a property, premises liability law determines the responsibility of the property owner or manager; the law applies both to places of business and residences. The key to slip and fall accident cases is to prove that the property owner or manager was negligent and your injury resulted from their negligence. A slip and fall lawyer at WEINSTEIN & SCHARF, P.A. can help you get the money you deserve.

What are examples of premises liability?

The following situations are examples of premises liability:· Slip-and-falls caused by slippery floors or standing water · Trip-and-falls caused by damaged or uneven walkways, slippery stairs, or poor upkeep · Inadequate security (lights, surveillance) resulting in a preventable assault by a third party · Construction site injuries, particularly those involving persons other than workers · Products falling off of shelves at a store

How do you prove negligence?

Proving negligence is the key in your Miami-Dade, Broward or Palm Beach County slip and fall case, but it can be difficult. One reason is that a property owner might make quick repairs before you even file a claim. If possible, take photographs of the accident scene and your injuries, and write down the names and addresses of any eyewitnesses. A property owner is not responsible simply because someone was injured on his or her property. The property owner has to be proven negligent. The owner of the property must pay for losses caused by the dangerous condition of the property if the injured person can prove: 1. The owner knew, or should have known, about the dangerous condition. 2. The condition of the property was dangerous 3. The owner had a reasonable opportunity to correct or warn of the condition, which was not reasonably open and obvious to the injured party at the time of the accident.

What kind of compensation can I expect for my injuries?

If you are injured because a property owner or a business establishment fails to provide a safe environment, you have a right to bring a claim for your pain and suffering, medical expenses and lost wages:· Pain and Suffering – Pain and suffering are real and measurable. The law and most insurance companies grade pain as severe, moderate, slight or minimal, as well as periodic or chronic. Expected future pain can greatly increase a claim for damages. Suffering can include depression, changes in lifestyle, anxiety, or even relationship troubles after an injury. No dollar amount can erase pain and suffering, but compensation can make your life easier. · Expenses – You should receive compensation for all reasonable expenses you have paid as a result of the accident, as well as future expenses. This includes medical bills, transportation, help in taking care of your family members, and other household help. · Lost Wages – You should receive compensation for any loss of wages you suffer as a result of your accident, as well as any future income loss. Additionally, you should be compensated for a loss of earning capacity, such as a permanent disability that restricts your competitiveness in the job market. Our firm is very skilled at recognizing the different types of income losses.

What should I do if I’ve been injured?

Many factors are involved in resolving a Miami-Dade, Broward or Palm Beach County slip and fall accident case. If you’ve been injured due to an unsafe condition on someone’s property, it’s important to contact a slip and fall lawyer at WEINSTEIN & SCHARF, P.A. soon after your injury to discuss your case in detail. An early investigation is important to the success of your case.

Have you been as a result of someone else’s negligence? Contact a WEINSTEIN & SCHARF, P.A. slip and fall lawyer today! We have offices in Fort Lauderdale, Coral Springs, Delray Beach, and West Palm Beach . Complete a Free Online Consultation Form or call us at 866-599-5529.