The law requires landowners to maintain their property in a way that will minimize the hazards to innocent people. If you or a loved one was injured while on someone else’s property, you should talk to experienced injury attorneys as soon as you can so that you can begin the process of obtaining justice.
As in many lawsuits, foreseeability is a crucial issue. A skilled Holiday premises liability lawyer will want to learn if a typical premises owner would have foreseen that the condition of the property could cause the kind of injury you are suffering, and they can then seek compensation for that negligence.
Common Types of Accidents
Some of the typical physical hazards that cause injury in these types of cases are:
- Sidewalk cracks
- Faulty electrical equipment
- Dog bites
- Construction areas without fences or warning signs
- Improperly maintained stairwells
- Snow and ice buildup on walkways
- Slippery floors
- Poorly lit hallways or other common areas
- Inadequate locks that allow intruders to get in
If you live in an apartment complex or other type of multi-unit dwelling, the owners of the premises have a duty to provide a safe environment. If they have failed to do that, the injured party, with the assistance of a Holiday premises liability attorney, can recover damages.
Standard of Care
In other types of cases, courts will look at why the victim was on the defendant’s premises. There are several different classifications of persons in these types of cases, such as:
- Social guests
Invitees and social guests are usually found to be deserving of the highest standard of care, since in both cases the premises owners specifically asked them to come onto the property. For example, if the premises were part of a “public accommodation” where members of the public are specifically invited in – such as a store or a restaurant – then the courts will hold the owners to a high standard of care. Licensees – “persons who choose to come upon the premises solely for their own convenience without invitation either expressed or reasonably implied under the circumstances,” in the words of one Florida court – get a lower standard of care.
Florida is one of the many states that uses a comparative negligence standard. This means that whatever amount the injured party was negligent, their recovery will be reduced by that amount.
Types of Injuries
Some of the injuries Holiday premises liability attorneys see clients suffer from include:
- Broken bones
- Spinal cord damage
- Brain damage
- Psychological distress
The medical expenses that follow a serious personal injury can be devastating, making the need for a Holiday premises liability’s help essential. If the injured party was the breadwinner for a family, then the entire family could face a reduced quality of life.
The damages that can be obtained include economic damages (medical expenses, lost income), non-economic (emotional distress), and punitive (meant to punish the negligence of the defendant).
Gathering the evidence that will be needed for a successful claim must happen as soon after the accident as possible. It is also essential to document all losses, especially medical expenses and the victim’s lost income.
Contact a Premises Liability Attorney Today
The weeks and months following a serious personal injury can be filled with confusion, anger, and despair. The unexpected financial demands resulting from such an event can be traumatic for an entire family.
If you or a loved one has suffered a serious injury due to the negligence of a property owner, you should speak to a Holiday premises liability attorney immediately so you can find out how to get the compensation that you deserve.