In Florida, property owners are generally expected to keep their property safe for anyone who may enter it. This expectation may apply to landlords, business owners, and private homeowners.
For instance, walkways should be clear of ice and snow to prevent anyone from falling, and spills in grocery stores should be cleaned up immediately so that slips and falls do not occur. In the same vein, construction businesses need to keep dangerous machinery and materials off the ground or floor and away from the general public.
When a property owner fails to take care of their property and another party is injured, that party may be entitled to compensation that a Clearwater premises liability lawyer could help them pursue. If you suffered an injury on the property of another party, discuss your case with a well-versed personal attorney to see if you may be owed restitution for your damages.
Premises Liability Basics
To prove a landowner’s liability for a dangerous condition on their premises, several conditions must be met. The plaintiff must show that the property owner knew or should have been aware of the dangerous condition, and did not repair or warn the plaintiff about the dangerous condition. The plaintiff must also need to prove that they were injured by the same dangerous condition.
In most cases, a property owner cannot be held liable for injuries that occurred due to property conditions they were not aware or did not have any reason to be aware of. When entering another person’s property, a person may benefit from exercising a general care for their own safety.
Conversely, examples of valid grounds for a premises liability case could include:
- Broken or uneven sidewalks
- Inadequate lighting
- Obstructions on stairways or in aisles
- Debris or other objects on sidewalks or in aisles or other passageways
- Broken or missing handrails on stairways
- Uneven steps or defectively built stairways
- Malfunctioning doors or windows
- Dangerously or negligently displayed merchandise
Prospective plaintiffs should discuss their injuries with a qualified Clearwater premises liability attorney to find out if their case has merit. If it does, their attorney could help them plan out the appropriate next steps towards pursuing compensation.
Comparative Negligence
In some cases, the defendant is not 100 percent to blame for the injuries of the plaintiff. Florida uses the legal standard of comparative negligence enumerated in Florida Statutes §768.81 to determine how much a plaintiff is owed if they contributed in some way to their own injuries.
If the jury finds that the plaintiff did contribute to their injuries, their compensation could be reduced by the percentage of fault that they are assigned. Even if the case is settled out of court, comparative negligence would still be considered, but strong representation from a Clearwater premises liability lawyer could help minimize the amount of negligence assigned to an individual plaintiff.
How a Clearwater Premises Liability Attorney Could Help
After being injured on another person’s property, you may feel confused or even betrayed. You may be dealing with painful injuries that keep you from going to work or may even affect your ability to work in the future.
Now is the time to get help from an experienced Clearwater premises liability lawyer who may be able to help you in your recovery. Get in touch today to find out if you may be entitled to compensation for your injuries.
