Normally, Clearwater premises liability attorneys handle cases such as slip and falls claims or injuries due to falling objects. Liability in each type of premises liability case is determined by whether or not an individual knew or should have known of a dangerous effect of a particular defect or condition and failed to correct it timely or corrected it inappropriately. An attorney can help you determine if you have a case and help obtain the compensation you deserve.
Common Types of Cases
The various types of premises liability cases are handled differently. For example, slip and fall cases are governed by a specific Florida statute, and the necessary elements are very different than a defective property case.
Premises liability cases often occur in entryways, staircases, or walkways. A lot of times, if an individual is talking about commercial structures, they happen in warehouse areas or in storage areas with boxes and pallets on the shelves. They also sometimes occur in the premises if there is a defect in the property, for example, a roof collapse.
The most common types of cases in Clearwater are slip-and-fall cases or falling object cases. That can be attributed to a lot of tourism in the area, with a high number of pedestrians and out of town drivers causing traffic. There are a large number of resorts and things of that nature that are not always maintained properly. This could be because they cannot keep up with the work because they are understaffed or they simply do not do a good job of maintaining their facilities.
Invitee vs. Trespasser
The legal status of a visitor plays a huge role because, as long as a person is a business invitee or a licensee, and is allowed to be on the premises, his or her rights are far different than that of a trespasser who does not have the right to be on a property.
However, this differs when the injured party is a child and the injury is based on something called an “attractive nuisance.” So, if a person is a child and somebody has a dangerous condition that is attractive to a child, even a trespasser can claim a type of premises liability.
Strength of a Premises Liability Case
A person will not know how strong their type of Clearwater premises liability case is until they have discussed it with an attorney and the lawyer has a chance to review the evidence. The most pressing elements of a premises liability case are not the injury itself but whether the injury preventable, foreseeable, and if the person that owns or is in control of the premises the person that had the obligation to do something.
An attorney is going to be able to not only get the appropriate evidence collected but they are also going to be able to negotiate and to keep medical bills from piling up and maybe even very well be able to find a medical provider willing to treat someone that has been the victim of premises liability. This is most important especially in times when somebody does not even have insurance.